WHICH EX-CON WILL YOU HAVE TO RENT TO? You have an apartment for rent. Maybe it’s the second floor of the four family house you live in. Will you be forced to ignore the criminal records of your prospective tenant … Continue reading
Last month, one of my clients called to discuss whether he could negotiate with a tenant who approached him seeking a buy-out to move out of a rent stabilized apartment. He had read about a new law that considers some … Continue reading
NUISANCE NEIGHBORS – WHAT WOULD YOU DO?
The following question came to landlordcenter.com: “I am a tenant in a four family house. A few months ago, a new tenant moved into the building. They have loud parties almost every weekend and leave the front door unlocked so their friends can come and go at all hours. I have advised my landlord of the situation but, so far, nothing has been done. Can I withhold my rent?”
The key to what to do about these nuisance neighbors is that the apartments are not rent stabilized (they are in a building with less than six dwelling units). Clearly, the tenant who asked this question would like to stay in the apartment. If the neighbors really are a nuisance and there is no lease, the landlord may proceed to have them removed in landlord-tenant court without too much trouble. If there is a lease and they have breached the terms, the complaining tenants may have to testify in court to resolve the issue. Even then, the nuisance tenant may simply be ordered to cure the behavior that is causing the problem. This is a perfect example of how a lease in an unregulated building can have a bad outcome. (See No Lease Required If Building Has Less Than Six Apartments link). In this case, the landlord may end up losing the good tenant and having to keep the bad one. If the good tenant withholds the rent, they may face eviction proceedings in landlord-tenant court for non-payment of rent.