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View Full Version : reply asap if possiable- tenant stopped heating apartment! New York


Skyfeathersl
11-29-2007, 04:16 PM
I have a non paying tenant who is supposedly finally moving out on the 1st of december and the following day- still refusing to pay any rent. We believe that she stopped heating the apartment. An example of the troubles is We gave her a 48 hr notice we were entering to record damages and to fix something. She called the cops on us and were not allowed to enter our own premises without her permission. So I obviously cant get her permission for anything. She told us if we tried to come in she would kill us with her dog.

My question is, if she isnt heating and its supposed to be freezing tonight and my pipes will freeze can I enter as an entering in an emergency to turn the heat on? I dont believe she turned off the utilities just isnt turnign the heat up to stop the pipes from freezing. So that way we wouldnt find out till it was too late because I have a contact thingy with the utility company for when she turns it off.

She is a spiteful evil chick. Demanded that I open the connecting door between our apartments upstairs so she could move her big stuff out on sunday at 12. Im worried that she will try and take something of ours and that she will damage our side of the apartment by scuffing the walls or chipping the frames and taking chuncks out of the "ceiling" part on the stairs where its low and hard to move furniture. Can I demand that she and anyone else moving stuff sign a liability form? So if anyone gets hurt or something of theres breaks were not liable. Can we demand that she pay us owed rents before we allow her to remove her stuff using our side? And if she wont pay we refuse her to use our side?

Anyone that can give some input real quick would be greatly appreciated.

cyjeff
11-29-2007, 06:26 PM
Check the lease agreement. See if there is the standard language about when a landlord can enter. Usually, making sure that the faucets are dripping and/or heat is on is a justified occurance.

I would call the cops on the death threat. Tell them what you have told us and have them there when they enter the apartment.

I would have her no where NEAR anything I owned. I would, however, take video of everything outside her apartment down to the street and bill her for everything amiss when she is gone.

Me? I would have started legal proceedings months ago.. but that's me.

Skyfeathersl
11-30-2007, 08:07 PM
I bought the house with the tenant in it. Which was my first mistake. Tenant had no lease agreement with previous owner since its was her grandparents which she caused them to go into bankruptcy from refusing to pay them! (learned this after we bought the house) from day one she refused to sign a lease, or pay rent or do anything we wanted. Calls cops on us all the time. I served her with a three day to pay or quit. Wasted that money having the cops serve it since it doesnt mean squat. Cops have basically told us she can do whatever she wants, unless we pay for a top dollar lawyer. I have called dozens of lawyers and none want to take the case or they have a conflict of interest. life sucks. I told the cops about the threat and they said they wouldnt do anything, that we have to get a lawyer!

Today I called her and told her she has to sign a liability release form if she wants to use our side of the house to remove her stuff. She said she would call the cops on us if we didnt let her use the door because were stealing her stuff. I told her know a liability release form is so if your on our side of the house and you try and purposely break your fat leg that way you cant sue us. She said she would have to read it first I said yeah well give it to your lawyer to read too. She said " oh my lawyer isnt in today or the next" thats because she cant afford a lawyer.

IM ripping my hair out right now. The neighbors told me they think they spent the night lastnight.

Heres a question. The pellet stove came in the hosue when we boguht it. Its on her side. In the purcahse contract it said the appliances are hers, such as the fridge, stove, dishwasher, dryer, washer. It did not list the pellet stove. Could you consider the pellet stove an appliance? So if she does leave and trys to take that we can call the cops since she is stealing our heating device for the house which techniqually is ours right? she is tryign to say she bought it but has no reciept or proof of such.

cyjeff
12-01-2007, 03:57 PM
Without a lease, you are pretty much screwed without an attorney. You need one soonest to get her out.

Crafting your own documentation is not only illegal but is a really bad idea.

Skyfeathersl
12-01-2007, 05:46 PM
Without a lease, you are pretty much screwed without an attorney. You need one soonest to get her out.

Crafting your own documentation is not only illegal but is a really bad idea.

Well today she threatened to burn the house down when I told her I could not be there at 12 like her boyfriend said. I couldnt make it till 1:30 or 2 since we had to work. So I called the cops and the cops are going to be there and "assist" her in getting her crap out in one day only. I mentioned the liability release form and the cop said if she wont sign it then she cant use our side to ger her stuff out and if she damages anything while removing her stuff the cops are there to witness it and will sign and testify about it. Im also bringing my purchase contract where it states only the washer, dryer, fridge and stove are hers to take, so if she trys to take the pellet stove or other items she will be arrested.

I may have a tenant willing to move in as soon as she is out and we can get a new stove and fridge in. So thats some good new.s
So wish me luck. Tomorrow is going to be a long day dealing with her.

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