Evicting a Tenant

[jenjen1127]

I have a tenant who did not respond to a 30 Day Notice to Terminate Tenancy in NY. My attorney has petitioned the court and the date is set for Jan. 5th. The tenant has not paid rent since October 1 when I asked her to move because I was selling the house. I do not live on the premises and she called tonight complaining that there is not enough heat! The thermostat is set at what is required by law in NY state. She may be doing this in retaliation. I am going there tomorrow and having the oil company check the furnace but I am wondering if she brings this up in court will I have a problem. This tenant has not answered the phone or doorbell for almost three months because she will not let the real estate in the apartment to show the house. Now all of a sudden she contacts me to complain about being cold.

 

[jacksgal]

The status of the heat has no relation to the tenant not paying rent!

 

[jenjen1127]

I'm not sure what you mean. I know I can't turn the heat down even if she is not paying rent - I'm just concerned that it will appear to a judge that I am doing that.

 

[jacksgal]

Lets say Judge believes you turned down heat because of failure to pay rent. Yes thats a problem but it does not change fact rent was not paid! Your eviction is for failure to pay rent. The heat situation does not change that

 

[mightymoose]

You can still enter the house even if she doesn't open up (for inspection anyway... not sure about showing it)... just make sure you give proper notice.