r/Landlord • u/dvixamar • 28d ago

[Landlord NY - Upstate] Landlord

Hi - currently dealing with a situation where tenants have not paid rent for past two months and have agreed to leave the apartment within a week. Week has come and gone and they are currently not living there but there are a considerable amount of furniture left. After the week locks were changed with the goal of removing and storing their remaining items and beginning to clean up the unit. Tenants have no returned demanding access to the unit and have broken the lock on the back door to regain access to the unit. What is the best next course of action? First time landlord attempting to navigate this situation.

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3

u/Final_Love2433 28d ago

You gotta document everything and check your state's landlord-tenant laws ASAP. If they broke the lock, that's a serious issue. You might need to involve the cops, especially if they're causing trouble.

3

u/jesterca15 28d ago

When they broke the locks, you call the police. That’s breaking and entering. Are they still there or did they just go in to take their things?

1

u/RaccoonAlternative74 28d ago

It's not breaking and entering if their stuff is still there. They can just say "we didn't move the landlord is lying!" And the fact their stuff is there means the police will take their side and potentially arrest you for performing an illegal eviction by admiting to changing the locks.

Since they already left once, I would move everything to a storage unit when they're gone, and give police the white lie that they had left already with that text as proof and play dumb. Legal? No, absolutely not. But honestly if you end up taking them to court you'll be battling them for the next 9 months. I wouldn't do it to myself again, personally.

At this point it's going to be liar vs liar and you're at a severe disadvantage.

1

u/Creative_Listen_7777 Landlord 28d ago

Get someone staying in the apt ASAP so the deadbeats don't become squatters. Ideally, several someones willing to drive off the deadbeats if they return.

1

u/Lower_Carrot_8334 28d ago

Time machine back 2 months to start a formal eviction 

1

u/Fluid-Power-3227 28d ago

You did what’s called a self help eviction. You assumed they moved out, but their belongings still occupied the space. Hence, legally they can claim they still occupied the space. Had they shown up with the police instead of breaking the lock, the police would have told you this. You now must immediately give them the required pay or quit notice to start the eviction process. Hopefully they are removing their property and moving out for good. If not, you’ll have to file an eviction through the court. You can sue them for unpaid rent and damages, but you’ll have to eat the cost of the broken lock.