I can not inspect my house - Landlord Forum thread 354616

I can not inspect my house by Anonymous (NY) on October 13, 2017 @14:16

The lease contract states:NSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

However, I can't access the properties for months. The tenants refused me to enter. I called the police and showed them the contract. They said they can't do anything. All the time of my visit were in the daytime, 10 am - 1:00 pm. And the tenants were in the house.

They didn't pay the rentals for months. The court will be in next week and I want to take some pictures in case they make any damages before being evicted.
What can I do?

What shall I do?

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Re: I can not inspect my house by Cain on October 13, 2017 @14:56	[ Reply ]

Just show up for court with proof that T did not pay rent. You just want the T out first. After the court orders the T removed. You can take all the pictures and file for damages against any deposits as well as additional damages. Un-fortunately most of the time the T have no money to pay for other damages. So you maybe wasting time and money to chase beyond the security deposit you maybe holding. Each case is different.

Re: I can not inspect my house by Anonymous on October 13, 2017 @16:43	[ Reply ]

Did you provide proper written notice stating the reason, date and time of entry? Or did you just showed up and tried to enter and the tenant refused? This is a lease violation if the lease clause is enforceable (Don't see where it states upon reasonable notice by landlord), you should issue an entry violation notice and give the tenant a time to cure the violation. If no cure, than you can start the eviction process, but beware, most judges will allow the tenant to cure the breach without evicting. On the other hand, if the tenant fails to pay rent, an easier route to follow would be filing for non payment of rent. Unfortunately, wanting to enter to take pictures of potential damages before hand is not a valid reason to violate the tenants right to quite enjoyment of the rental premise.

Re: I can not inspect my house by Anonymous on October 13, 2017 @16:51	[ Reply ]

is this in nyc or elsewhere in NY? NYC HOUSING COURT IS VERY TENANT FRIENDLY. You should have a lawyer who specializes in NYC landlord work and be prepared to present the facts and dates that tenant refused you inspection access. Reasonable inspection access is viewed seriously by the court and may toughen up the judges attitude toward tenant. Typically court will award you possession on first appearance BUT this is not you actually getting the premises. You have to go thru the process which a savy tenant can typically stall for 9 to 12 months with motions, OSC's, hardship requests etc. The courts don't want families on the street. Each of every court appearance you should have accurate current rent amounts due,....without junk fees / charges. the judge will probably demand that tenant pay back rent then and there in court. Usually,...but not always the courts agree with the ''''you don't pay,.....you can't stay''''. If tenant legitimately doesn't have rent AND THERE ARE NO OTHER ISSUES,...you will probably move along faster to actually getting possession back. you might consider trying some cash for keys. Sounds like the tenant has been playing you and yu waited too long to serve and start the process.