Tenant moving in? - Landlord Forum thread

Tenant moving in? by Bryan (NY) on November 3, 2009 @11:54

Ok so i was just given this job of an apartment building. Which does not have the best people residing in it and the owner is looking to me to clean the place up. My question is the old super was supossed to be cleaning and fixing this apartment. As of right now it has leaks and carpet only in the living room. The last super hired this guy to help him around here on his own dime. Now that the the super was fired the guy is moving his stuff into the apartment stating he paid only less than 50% of the security no rent and the apartment is still in construction phase. Like the outlets still have no covers on them from when they were painting ceiling is torn down in spots to fix leaks that have not been fixed carpet still missing in half of the apartment. The owner expressed he does not want the guy living there. The person that is moving in has no receipt for money paid no lease and the apartment is not in shape due to the last super not doing his job. What are some options I can take the police are not an option as they are corrupt in my town and litterally do not do anything

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Re: Tenant moving in? by Ultimate M-Bone on November 3, 2009 @12:01	[ Reply ]
What do you mean the guy is moving his stuff into the apartment, the super that was fired is moving in where he has no business moving in, no lease and has not paid anything? If I understand that correctly, how is he moving into an apartment without giving him possession? Please clarify further so that you can get proper advice.

Re: Tenant moving in?

Re: Tenant moving in? by Anonymous on November 3, 2009 @13:39

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The police would tell you this is a civil matter, and wouldn't get involved and usually tell LL's that he would have to be evicted. If the guy moving in had a key to the place, technically he has possession and the locks can't just be changed, that would be constructive eviction. Even though he has no written lease, he's on a month to month. The LL or the manager is going to have to give him a 30 day notice (whatever your state requirement is) to move, and if he doesn't move in 30 days, then the guy will have to be evicted in court.

Re: Tenant moving in?

COMMON SENSE, PEOPLE by NFL_LL (Florida) on November 3, 2009 @13:50

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Anonymous is right. This is not a big issue and should have been taken care of quickly.

Yes, you guys ARE making this more difficult than it is.

“The last super hired this guy to help him around here on his own dime.”

Unless the owner gave the old super the authority to lease the properties, the guy moving in has absolutely no right to be in the apartment. Who received the partial “security deposit?” The old super?

As suggested, change the locks and tell the guy the old super has scammed him (a felony in most states) and to file a complaint with the police.

Regarding the police: If officers who come to your problem do not do what YOU as an INFORMED citizen thinks they should do, ask the officer for their sargeant’s name and number and call the sergeant to come to the problem with the reason being you’re not comfortable with the current officer’s assessment of the situation. If the sergeant refuses, then politely inform them that you must excuse yourself to call a lawyer and then DO IT (even if it’s legal aid).

However, you MUST do your duty to make sure you get all the facts straight (and physical evidence is best) on who did what and said what or you’re going to look like an idiot and possibly violate the law.

By the way, I might be getting ahead of myself. The owner hired you to "clean the place up." Does that give you the authority to lease the properties (be a property manager)? If not, the OWNER should be doing all this and you need to step back and stay out of it. Get your job duties and responsibilities in writing before you do anything else. If he refuses or threatens your job, run away. Which is better: breaking the law and going to jail, being sued, and fined, etc. or finding another job?

This "landlord" might be a snake using you to break the law for him.

Jack

Re: COMMON SENSE, PEOPLE

Re: Tenant moving in? by OK-LL on November 3, 2009 @15:03

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I agree with the earlier poster who said you're making this too complicated. Just change the locks and tell the "construction guy" that he has no legal right to the apartment. If he can come up with a receipt, lease or any other paperwork, that's different. If he wants his stuff, you can call a police escort to standby while he moves his stuff out. At this point, he's a trespasser and nothing more.