Unfit

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Unfit (by John [NY]) Sep 11, 2016 11:27 AM
       (by John [NY]) Sep 11, 2016 11:28 AM
       (by Robert,Ontario,Can [ON]) Sep 11, 2016 11:58 AM
       (by cjl [NY]) Sep 11, 2016 1:24 PM
       (by John [NY]) Sep 11, 2016 10:27 PM
       (by frank [NY]) Sep 12, 2016 8:57 AM

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Unfit (by John [NY]) Sep 11, 2016 11:27 AM
Message:

I have a single.family house that had some violations for holes the tenants kids made in the wall. A few days ago, codes was invited back into the house. They wrote up a broken window, missing door knobs they took or broke off, and clothes piled up in front of the doors causing a fire hazard. They declared the building unfit. I had filed to evict them the same day they had codes declare it unfit for owing some rent. Being the tenant destroyed the apartment, what's the chance an upstate city court judge will make them pay rent. Also will they grant me the eviction immediately, or make me wait til the end of the month. --205.197.xxx.xxx




Unfit (by John [NY]) Sep 11, 2016 11:28 AM
Message:

Tenant is staying in a shelter, but there things are still there. --205.197.xxx.xxx




Unfit (by Robert,Ontario,Can [ON]) Sep 11, 2016 11:58 AM
Message:

The tenant has chosen retaliate. Best to contact a landlords association to see what remedies can be taken. In the meantime it may better to visit a Habitat for Humanity restores to stock up what is needed to start the repairs once the tenant has cleared everything out. If there is a sheriffs order then the tenant will have time to clear belongings. Make a list of the building code violations then have stock of replacement materials in place to fix up the rental unit. Once everything is done then contact the building inspector to have all the building code violations. clered Most do not know that the government funded tenancy advocate groups get advise paid by taxpayers on how to play the free rent game. There are listings of landlords associations on this site or Google to find one near the rental. One is going to need legal help here. Often at restores they have used or second doors along with other building materials. What is not available at one store another store may have. For rentals it is not worthwhile to buy at the big box stores as often things get destroyed. Finally take pictures to show that vandalism has occurred. --207.164.xxx.xxx




Unfit (by cjl [NY]) Sep 11, 2016 1:24 PM
Message:

Call the codes codes officer and talk with them. It sounds like the tenants contacted codes when you were evicting them? Many times the codes people will know the tenants (from other parts of the cities) and may not actually "pursue" the citation as long as you "promise" to correct as soon as they are out - of course, you will need to do so.

Take pictures - when/how did the windows get broken? If it was "recent" - make sure you show the glass and where it landed. See if you can't get some idea in the pictures that show proof that it more recent (like the tenants did it to cause issues/knowing that the court may not grant you the award)

Do you have before pics (or when they moved in) to show the place didn't look like that prior to move in? I hope so - then you have real proof - "Judge - this is what THEY did".

Many judges know this but unfortunately there ARE landlords that don't take care of their properties and "promise" that they will repair things just to get tenants in and they never do (and of course, the tenants just "allow" it since they need a place to live).

So be prepared. Like I said - you should have (or try to have) a good rapport with your code officials ... sometimes they will work with you as long as you aren't hot headed and yell at them. --69.201.xx.xxx




Unfit (by John [NY]) Sep 11, 2016 10:27 PM
Message:

Codes said some of the violations have been outstanding too long. I didn't fix the holes in the wall because tenant created them, and refused to pay. Same thing with the broken window, which was from a month ago. Codes said they don't care who created them, that they have to be fixed, and that all 25 violations must be fixed before they will reinspect, and remove the unfit. --205.197.xxx.xxx




Unfit (by frank [NY]) Sep 12, 2016 8:57 AM
Message:

At this point you should have an attorney. If codes are not fining you, and it is just unrentable till you fix, I wouldn't fix anything till the tenant is gone completely. An attorney will tell you the process.

--98.116.xx.xx



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