tenant eviction issues/questions (1 Viewer)

[dancer]

My father is renting has been renting an apartment for a number of years. He has paid his rent on time every month, but in other respects is not a great tenant. He smokes in the apartment when he is not allowed to, and he doesn't keep things in great shape.

A couple of months ago my father's crazy girlfriend in a drug-induced hazed knocked on the landlord's door and told him my father's apartment was burglarized (based on some hallucination she had?). Landlord called the cops, when they show up my father says he has no idea what is going on and sends them away. The landlord says this "robbery fraud" is the last straw, he wants him out, and gave him until the end of January to get out (with official eviction notice and all).

Looking for a new place for him, but so far haven't found anything that works. Worried will not find something before January 31st. My father's attitude is "he can't kick me out, courts would never kick me out as long as I am paying the rent, I'll just tell him he has to extend until I find a place, what is he going to do about it". 

My questions:

 - If he can't find anything and just says to the landlord "I am going to keep staying here until I fund something, I will keep paying rent but you can't kick me out" - what happens? 

 - I co-signed the lease for my father...so given that, if my father does the above, could that cause issues for me (legal or credit or otherwise)?

This is in NYC, if that matters. 

Thanks!

 

[the rover]

depends entirely on what state.  in Washington he could stay pretty much forever.

 

[johnnycakes]

Does dad have a lease?  What are the terms?  When does it expire?  

 

[Cjw_55106]

My questions:

 - If he can't find anything and just says to the landlord "I am going to keep staying here until I fund something, I will keep paying rent but you can't kick me out" - what happens? 

 - I co-signed the lease for my father...so given that, if my father does the above, could that cause issues for me (legal or credit or otherwise)?

This is in NYC, if that matters. 

Thanks!

I’m not a lawyer, but like Johnnycakes said, the terms of the lease are the most important factor here. If he has a month-to-month lease, based on the information you provided, the landlord has done everything necessary to force him to move out by January 31. I’m not familiar with New York laws, so I’m not sure what happens if he refuses. I would assume at that point he is trespassing, but rental laws get kind of weird.

I do not believe that even though you co-signed the lease, you would have any credit issues or legal matters if he refuses to leave. Of course if something happened and he stopped paying the rent, that’s the only thing I can imagine a credit issue would arise.

 

[CletiusMaximus]

Best approach might be to call the landlord, let him know you are actively looking for a new place, and try to negotiate an additional month or two provided he pays on time.  You have some leverage provided your dad is agreeable with voluntarily moving out.  The eviction - if filed in Court - will be a public record and could make it very difficult to find a new place. If he's not filed it yet, you may want to try to avoid that. 

 

[DJackson10]

If he can't find anything and just says to the landlord "I am going to keep staying here until I fund something, I will keep paying rent but you can't kick me out" - what happens? 

 - I co-signed the lease for my father...so given that, if my father does the above, could that cause issues for me (legal or credit or otherwise)?

Not sure on NY Laws but if his lease is legal till Jan 31st and he's not out I would think because Feb 1st He isn't a legal tenant he could be kicked out. Don't quote me on that though

If you signed it depends honestly and how others see it. If they see you are willingly trying to help you may not have an issue but at the same time one could say you are enabling your father. 

If I were you I'd call the landlord and tell him "hey Im trying to help here since I cosigned this lease and I'm trying to find my father a place. However he's making things difficult. Is there a way you and I could come to some sort of agreement where we help each other out." 

If you go to him with that they might be more lenient and maybe help. My dad now owns property as a landlord as he became the owner of a property. He needed one of the guys moved out and even helped him find a place just because he wanted him out. The dude wasn't a great tenant and my dad believes he stole a few things on the way out (Wasn't worried about that as much though) but he helped him find a place. Maybe you and the landlord could do this together. Win win for both. Your dad gets a new place and your landlord has him out without an issue. 

 

[Random]

I'm in Ohio but if it were me, I would name you (as the co-signer) on the eviction with your father.  

To answer your other question, if he doesn't move out by the 31st (I assume what the landlord is doing here is a nonrenewal of a month to month lease), a 3 day notice to evict (this is where I would name the co-signer and tenant and girlfriend) will likely be issued and then filed with the court if he is not gone.  Then you will get a court date and eviction and (here anyway) 7-10 days to be out.  If not out by then a writ will be filed (thats where the sheriff goes with the landlord to the property to change the locks).  You (as the cosigner) could be liable for damages, back rent, and all fees including legal fees.

The above process is for Ohio.

 

[dancer]

Thanks. The lease was for one year with month-to-month after that, and he's been there for a number of years. 

I was named in whatever legal paperwork the landlord sent to us (looks like something he probably printed off the internet, Notice of Termination of Tenancy). Paperwork states "unless you remove from premises on 1/31/22, the landlord will commence summary proceedings under the statute to remove you from said premises for the holding over after the expiration of your term within the time frame and will demand the value of your use and occupancy". I guess I take this to mean nothing is filed with courts at this time but if he is not out the door on Jan 31 then he will go to courts.

I tried going to the landlord and saying honestly "hey, might need a bit more time here given the holidays and us being busy taking my father for cancer treatments" and that is when he tells me about this police incident (which I didn't know about) and that he wanted him out that day mid-Oct but has already extended it to Jan 31 and no further extension.

Guess I'll just keep looking for a place...not easy finding something that works! (And I probably can't count on a letter of recommendation from the landlord...)

 

[STEADYMOBBIN 22]

Not much to add other than Im sorry youre going through all of this. Sounds pretty frustrating and tiring. You're a good son. 

 

[DJackson10]

I tried going to the landlord and saying honestly "hey, might need a bit more time here given the holidays and us being busy taking my father for cancer treatments" and that is when he tells me about this police incident (which I didn't know about) and that he wanted him out that day mid-Oct but has already extended it to Jan 31 and no further extension.

Did you tell the landlord this and offer trying to help? Also any option of your dad living with you for a bit till he finds a place or because of your dad's other issues thats not an option? 

 

[BassNBrew]

From what I hear NY is very tenant friendly. With the Covid eviction backlog it might be 6-12 months before this ever goes to court.
 

I don’t see any jeopardy for you as long as the rent is paid. I would send the landlord a letter that you are not occupying the premise and hence not a holdover tenant. Any legal action against you be pretty easy to get dismissed