State Specific Question About: NEW YORK (NY)

Tenant is out. I changed the lock code on the door since he texted me saying he was officially out on 11/21.

The floors are pretty severely gouged/scratched for only 4 months of tenancy, one mini blind is broken. Need general cleaning. Brand new stove needs to be scrubbed of grease

He texted me offering to "come back later this week" to clean the apt and move the junk (kid's bedframe and various household sundries) I got it in writing (texting) that he would rather not bother disposing of it at the local landfill. My attitude was "don't bother" as that should have been done BEFORE move out date..

He broke the years lease with 19 days of text notice and didn't pay November's rent but I think he was using his sec dep to count toward last month's rent.

Question: What can I go after him for in small claims court? I know it's a wing and a prayer and I have only had one tenant actually pay me back after a judgement.

I'm thinking that I :

1. get to keep the sec dep since no proper notice (30 days written) and that he is breaking the years lease

2. December's rent as everyone knows only the bad people move in the winter in colder climes

3. November's rent plus late charge

4. Cleaning and damages beyond normal wear and tear

Get all of your charges together.

Wail until after he files bankruptcy, if he actually does. I think you can only file bk once each few years so you want to wait until after or you will be included in the bk and not receive anything.

When it is time file for every cent, with interest and fees.

Keep track of where he works, etc so you can lien his checks.

If he is on some kind of welfare, etc that is not garnishable, you likely won't get anything.

With the courts all clogged up due to covid, not sure how fast his bankruptcy would go through. I certainly don't want to be on his bankruptcy's discharge list.

MAP,

Does your lease address any of these situations?

Do you have an ELT fee?

How does your lease address notices?

What do your state laws say about these things?

As for the bankruptcy, it may not be true (check state law) that if you file now you will get nothing. You will be placed in line as a creditor, and get a portion of what they have based on your claim. I went through this exact thing, filed my documents, THEN she declared bankruptcy, and about a year later when the dust was cleared I ended up getting about 65% of what I asked for.

Good luck.

Most important question: Do you have keys?

If yes, he has returned legal possession of the unit to you. Do NOT let him back in for any reason if and until a judge ORDERS you to. I don't care if he left the Mona Lisa hanging on the wall and a rack of Les Paul vintage guitars signed by Jimi Hendrix.

If no, then he probably still has legal possession, although I would make a quick call to your lawyer to confirm. IF he texted you and switched off utilities, I would call the place abandoned and make him take me to court.

Lots of tenants claim they are filing bankruptcy in order to get the landlord off of their back, but they never do. He might file, he might not.

If you get a judgement, you might get some money from him, you might not. But if you make sure the judgement gets recorded, you warn future landlords about him and hopefully make his life more difficult as careful landlords (who are the ones with the good rentals) will refuse to rent to him. If you can't get money, at least get revenge.

The most important thing is to be sure you mail the settlement statement before the deadline your state gives you! Otherwise you get to keep nothing and may end up owing him treble (3x deposit), depending on your state laws.

@hoosier

My hubs was named a creditor on his ex-shrew's bankruptcy. He got nothing but the shirt on his back in the divorce. Sadly he was a bit naive and despite many people telling him otherwise, he went pro se, went through lop sided mediation and was ahem, rodgered with a 12 foot pole sideways.

@oregon woodsmoke

@SID

@Nellie

Here in Iowa we can not make the "forfeit" their deposit. We have to give them credit for it and then take things away from it - that's what the nice judge told me.

I said, Your Honor, they did not fulfill their legally binding document that they signed saying they would be here for a year, its three months into it.

She didn't budge.

@fishsticks

HMMM. Back in the 80's when I was a single parent, and the only apt I could afford was a dump in the hood, I told my landlord I was going to move (approx 60 days notice)

he said "fine but you'll need to act as my agent. here's a pad and pen and I will give prospective applicants your number and you can take the messages for me."

so I did. Well I actually left the property in better condition when I found it. when my sec dep didn't come back and I wasn't able to contact my old LL (he didn't return my calls) I went to small claims court to get my sec dep.

@MAP

Then Iowa tenant landlord act says that notice must be in writing or it is not valid. And a text is not "in writing" so they have to either get out the old pen and paper or send an email with notice.

And they have to give us their forwarding address as well or we have to send it to their last known address and if it gets returned to me, then I have to just keep it in the file for proof that we sent it out.

So at this point, since your former tenant is claiming to start with Bankruptcy, why do you want to change the position you are in?

Currently in his eyes - you owe them money....the deposit so you are a debtor.....until you start figuring out deductions

Don't think you can charge a late fee due to covid. You have 14 days from keys to itemize your deductions to the security deposit and get it mailed.

Don't do any of the cleaning or repairs yourself. Consider breaking out your expenses into two categories one would be repairs and damages and the other would be unpaid rent.

@small potatoes

Thanks for the info. 14 days would bring it to 12/5 so if I mail it on 12/4 it should be good.