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Does a landlord have a right under NYS law to evict a tenant for causing a fire
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Trabiezo     Reply with quote
l am a landlord with rental properties on Long Island.l have a tenant who started a fire in the kitchen by leaving a grease filled pan on the stove unattended.By the time the tenant realized there was a fire the kitchen stove was engulfed in flames but the tenant put it out.The tenant did not notice the fire sooner because he disconnected the smoke alarm because he smokes.Now l have a burnt out kitchen needing repairs totaling $2,000.00. ( He admitted that he started it by accident).He also owes me two months rent and calls me in the middle of the night quoting scriptures from the bible, threatening that he is going to do something to the house and under the influence of something, he has also been arrested at the home for slashing his housemates girlfriend with a knife.So my questions are do l have a right to evict just on the fact that he started a fire?Do l have a right to evict if a tenant is calling in the middle of the night saying crazing things at least 3 times a week?Do l have a right to evict if the tenant is making it uncomfortable for his housemates to live?Do l have to by law replace the stove in a certain amount of time or can l just not charge the tenant rent and evict?l need help and l cannot afford an attorney at this time because l none of the tenants in the house will pay rent because of this one guy and l have to pay out of pocket for the mortgage wich the monthly rental income would normally cover.l hope someone can give me an answer!!Thanks in advance.
Pinglash     Reply with quote
if he doesnt pay, then yes u can, take it out of the deposit, or go to the police and ask their approval.
Psaa     Reply with quote
l think you have him for disabling the alarm,,call the fire dept. to see what laws are on that. In some places that is illigal.
Eazy     Reply with quote
You can evict for any violation of ur lease. You say he owes u for 2 months rent. BAM, that is a lease violation in my book. Evict for non-payment.

For the other items, if it is in ur lease then yes, u can evict for it.

Do u require that the tenants keep the smoke detectors in working order? If so, then him disabling it is a violation.

Do u have a clause in ur lease to state if a crime is committed on the premises u can evict? If so, there is a lease violation.

Do u have a clause in ur lease to address the ''peace & quiet of other tenants''? If u do then u can evict for him harassing the housemates.

If u can not afford an attorney u r going to get stuck here. It sounds like u r very inexperienced at being a landlord. Evictions require things to be done in a specific timeframe, is a very specific manner. If u do it wrong u could end up having to do it all over again. the longer it takes, the more time u will be stuck with him. A lawyer is a good investment to get ur first eviction done. after u have learned the process then u can do it yourself.

Also, for the stove, yes, u need to replace it quickly. Law requires that placed be kept habitable. Running water, heat & a place to cook food r minimum standards for habitability.

If none of the tenants r paying rent then evict them all. Remember, this is a business & the tenants r ur customers. You r the boss, u r the owner. Be the one in charge & get things done.

Never, ever is ''can l just not charge the tenant rent & evict'' an option. If u r not going to collect rent, what is the point of being a landlord? If u do not collect rent u r a charity.

Coach     Reply with quote
Eviction for non-payment of rent is the fastest way to go. In MA its a 14 day notice while all other violations are a 30 day notice to quit. l think that is standard.

Go to housing court, they usually have free legal help available. Maybe one of your other tenants will go with you.

Document everything. Call the police. Its the best documentation.
Kim     Reply with quote
This tenant has violated the law & lease on so many levels, he should have been evicted as soon a rent was not paid in full the first time.

Now he has caused serious damage to ur property, harassed u in the middle of the night & slashed his housemates girlfriend.

l would hire a lawyer & get him out ASAP. Sure, it will cost u money, but it will get done right.

I'd do whatever it took to legally get that wacko out at any cost.

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