30 day notice - Landlord Forum thread

30 day notice by QueensLL (NY) on June 16, 2012 @23:17

I am a Queens Landlord. I was renting apt on a month to month basis. I gave my tenants a 30 day notice to vacate at the end of May. They did not pay rent for May or June. The notice gives them until the end of June but they moved out on June 10th turned their electricity off as of that date as well but they have not returned their key and come and go during the night to pick up mail. The apt. is empty and when we text them (only contact we have) they state they hope to be out by July..hopefully... they also changed their locks to apartment without telling us. I dont even know if their is any damage to apt. They leave an empty apt. on first floor with windows wide open.. When can I change the locks and take back apartment??

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Re: 30 day notice by Douglas (KS) on June 16, 2012 @23:43	[ Reply ]

You might have a Queens building, but you are doing it all wrong as a landlord. You cannot turn off the electricity. You cannot change the locks, you should have done 3 days pay or quit for nonpaid May, and you should have done a few other things. To me, them leaving all the windows open while unlived in qualifies as an emergency and I would have gone in with a locksmith if I had to and nailed the windows shut. I am hoping this is a humorous post...

Re: 30 day notice

Re: 30 day notice by QueensLL (NY) on June 16, 2012 @23:55	[ Reply ]

no you misunderstand.. I did not turn off electricity.. they did.... they had their electricity changed from this apt to their new apt as of June 10th when they moved all of their belongings out.. I have not changed locks either... I was asking when can I change them... the 30 day notice gives them until the end of June but they left on the 10th...

Re: 30 day notice by NY-LL on June 17, 2012 @01:45	[ Reply ]

The tenants committed multiple lease violations which the landlord compounded by being complicit. Additionally, it is difficult to confirm whether the landlord initiate a non-payment proceeding or a holdover proceeding. General Procedures: First, the three (3) day notice to cure the default of non-payment of rent should have been issued on or about the 2nd of May. Second, the thirty (30) day notice to vacate and terminate tenancy issued after failure to comply with three (3) day notice on or about the 5th of May. Third, file petition with court within thirty (30) days of default notices. Fourth, court hearing date scheduled within two weeks of the second month on or about the 15th of June in order to obtain judgment for non-payment of rent and any property damages not covered by security deposit. (The three (3) day notice to cure the default of non-payment of rent allows only three days to pay the rent, not until the end of the next month, as stated, unless landlord was referring to holdover proceedings.) Premise Possession: When the tenants vacated the premises and disconnected utilities, the premise were no longer habitable. The premises are considered abandoned due to habitability, compounded by the tenant’s failure to respond to landlord notices. The tenants are legally in possession of the premises because of the additional violation of changing the locks (without landlord permission and not providing landlord with a replacement key). The continued possession of the premises makes the tenant’s liable for rent until the court issues a writ of dispossession, hopefully with the judgment for non-payment and property damages, if any. Technically, since the tenants have legally abandoned the premises, the landlord can proceed to collect judgment in small claims court. However, since the procedure has already begun, the landlord can continue the process of legal dispossession in housing court. This will create a file of eviction proceedings against the named tenants, as reference for other landlords.

Practically Speaking Landlord Authority