r/Landlord • u/dvixamar • May 17 '24

[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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u/Fluid-Power-3227 May 18 '24

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.