Asking MTM tenant to vacate - complicated?

[dkw]

I recently bought a 2 family in Queens NYC and agreed to keep the existing tenant.

No lease was signed either with the previous owner or myself so from what I understand from browsing this site, the tenant is month to month.

Since moving in I've decided that the situation isn't going to work out - it's a family of 6 which was already too big/noisy, now this weekend they've moved in 2 cousins.

Am I right to assume that since there is no lease, all that is required is 30 days written notice?

[NYHawk]

This is exclusively a pro tenant forum. The title might have given a hint. So, please go away and ask your question on a pro landlord forum.

[dkw]

Hey I'm pro tenant too - like I said I just bought the place not even 2 months so before that I was the tenant.

And I like my tenants (nice family). It's just that I work really long hours and coming home to a 3 year having a temper tantrum is'nt my idea of fun.

I'm just looking for the best way to handle this with no problems for me and hopefully I can give the tenant sufficient time to find a suitable place.

[TenantNet]

You bought the home knowing there was a tenant in place and you probably had an idea it was a family with kids. If you can live with the existing family, but think that the two additional cousins might make the situation difficult, then I'd suggest sitting down and explaining it to them. Not only are the number of roommates limited, but with 8 people you might be reaching the people per SF limit.

Even though you might have the right to go with a 30-day notice, we suggest you give them more time. Even in the best of circumstances, it's very difficult to find a good place for a family that is also affordable. Remember, they have to also consider where their kids will go to school and so on.

[dkw]

I'm acutally thinking more in terms of a 4 months notice - and I'm quite flexible. But I just don't want things to go wrong and I end up in an uncomfortable situaiton for an extended period of time.

And to your question, yes I knew a family was involed but I guess I just didn't fully consider the implications. There has already been an uncomfortable conversation about why they can't use my washer/dryer, now the cousins - I'm just not prepared to have these types of discussions.

Whatever I'll stop whining - everything will work out for the best, eventually.

[TenantNet]

You're now the LL, so you better have those discussions.

[queensborough]

Give them at least 6 months to find something. This is a large family from what you have described, and it won't be easy for them to find an apartment.

[dkw]

Fortunately we live in the Glendale/Ridgewood area where there is just block after block of multi-family dewelings.

They may have to pay $200 -$300 more because that's the market rate and I feel bad about this. But on the other hand when they use the washer/dryer for a familyof 6 or increase the occupancy in their apt I have to pick up the extra tab on the water/sewer/electricity/gas. So either way someone gets screwed.

Logically the solution to the problem would be to tell the tenant they are acutally saving money themselves by helping me out - a win-win situation right?!

The only thing is that the previous LL (who is still on good terms with both me and the tenants) has had these exact discussions with them before - even telling the oldest son that he couldn't have his girlfriend move in permenantly.

So I know that they know what's appropriate - so when they do whatever they want without considering me, WWJD isn't the first thought that comes to mind if you know what I mean.

But enough about this, I just have to put it out of my mind becasue I have a busy work week ahead. Bsides everything is never perfect - not even your 1st home.

[TenantNet]

The tenant has a legal right to have the girlfriend move in.

[cestmoi123]

The tenant has a legal right to have the girlfriend move in.

And the landlord has a legal right to give 30 days notice and evict.

Tenant rights don't mean much in an MTM.

[TenantNet]

True, and he'll probably do that anyway. But to claim the tenant can't have a roommate is false.

[dkw]

Yes of course the tenant has the right to move in who ever they want in the apartment - girlfriend, cousins whomever.

And an over crowded living situtation would bother me yes but if it wasn't costing me in real dollars and if I wasn't on such a tight budget, I wouldn't be half as annoyed.

And yes I think I'll be asking the tenant to leave (once I build up the pure selfish nerve) giving them 3 months notice with the expectation that it will probably take them 5 months to find a comparable situation.

btw I'm a girl - young/single which is why all this is a little too much.

[TenantNet]

And an over crowded living situtation would bother me yes

Overcrowding is a different issue (and a real issue in some areas). The Housing Maintenance Code specifies how many people per SF.

but if it wasn't costing me in real dollars and if I wasn't on such a tight budget, I wouldn't be half as annoyed.

Please don't act surprised. That's the nonsense we hear from landlords all the time and I just don't buy it. No one forced any landlord to enter the LL business. And all LLs should exercise due diligence, meaning you should spend the time learning how to run buildings and how to be a LL, and that includes anticipated running costs.

If the profit margin is too tight, then you shouldn't enter the business. You're now claiming that the existing tenant family (just the six people) are causing a strain on the budget to run the building. Isn't that something you should have known beforehand? You are saying that you will evict this family simply because you a) didn't take the time to learn the business, or b) knew the margin was low and decided to ignore it, or c) planned to evict the tenant from the get-go.

Perhaps if you are on such a tight budget you should not have taken on this obligation.

Yes, you are being selfish. You are displacing a family.

And if I were to say it's OK because you're a "young single girl," wouldn't that be a bit sexist on my part? Should your gender/age and marital status have any bearing here?

It's not OK. You ought to lose some sleep over this.

[dirae]

btw I'm a girl - young/single which is why all this is a little too much.

OT, but if you have bought your own home and have tenants, you are a woman with adult responsibilities, and being single has nothing to do with it. As a woman, it's really discouraging to see women taking giant leaps backwards by playing the "damsel in distress" card.

[cestmoi123]

True, and he'll probably do that anyway. But to claim the tenant can't have a roommate is false.

Not really. Tenant laws says, in effect, "you can't evict someone for having a roommate." In the case of an MTM tenant, you CAN evict someone for having a roommate. The law does not protect the right of an MTM tenant to have a roommate for more than 30 days.

As for the OP, it's her call. She's completely within her legal rights to evict the tenant with 30 days written notice. What, if anything, beyond that she chooses to do is 100% up to her.