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Tenant will call police if I show the apartment

I have a tenant who is behind 2 months on the rent. I had a conversation with him 2 weeks ago  and he verbally told me he was moving. I sent him a notice to quit as he didn't send me anything in writing he was moving and honestly I don't want to wait another 30 days for him to leave. I put the property back on the market. I have several people interseted in seeing it. Today I gave  tentant a 24 hour notice that I was showing the property on  Monday. This is also in the lease.  Tenant told me he would call the cops if anyone besides me steps foot inside. I tried to explain to him it was my legal right to show the apartment and I can even do it while he was out. He has been living free for 2 months and now trying to tell me what to do with MY property!  I have bent over backwards for this deadbeat trying to do payment arrangements etc.. He is just taking advantage of  living free while I have to sweat taxes and morgage payments and water bills.  Should I risk showing the apartment while he is still there and risk him causing a scene? Also he said he would be out by Wednesday. Should I start eviction immediately or wait until Wednesday. I hate to spend the money on eviction if he's moving Wednesday? Only trouble is I can't trust he will move.  And has anyone handled their own evictions without an attorney?   I'm in NY state. Thank you in advance for any help you can give me!

First bit of advice I can give - especially since you don't have written proof of the tenant leaving... get the eviction notice done ASAP. Better to start the process now in case the tenant lied and lose out the small bit of money but get the process started.   As to the ability to show the apartment... without proof of him leaving and/or an eviction it may be difficult. You do have rights to show the apartment to people for things like sales etc... but really, do you want to show a potential tenant the place when the current tenant is there and will be very irate and will definitely cause a problem? I would think it would be best to wait until Wednesday (if he has moved out and given his keys) or until you have at least filed for eviction.  Monday, since you've given notice, I would definitely use it as a time for an inspection of the property to make sure he isn't maliciously destroying your property.
Thank you for the advice. I am going first thing tomorrow and file eviction. I am so upset that they can sit there and call  the shots while I have to foot the bills and spend money I don't have. And won't this eviction give them more time to stay? I mean if they alledge to be leaving on Wednesday and they get the notice on Tuesday won't they be in the position to say oh wow I can stay even longer now?   
Technically the eviction notice does give them more time to stay, however I've never heard of the court being so fast as to get the paperwork to the person being evicted in two business days. So if they move out on Wednesday and give you the keys, you should be good and the eviction notice will most likely not have gotten to them. If they haven't moved out by Wednesday, you're that much sooner to getting rid of them.  Most states are set up to protect the tenant more so than the landlord. I'm not sure on the specifics of NY, but I'm guessing it is the same. Plus, during your walk-through on Monday you'll notice if he's packed or packing to help you determine. Maybe do your walk-through of his place first for peace of mind and if he's mostly in boxes or empty, don't file; if he isn't, file immediately thereafter.
Thanks again. I will follow your advice. I have ten prospective tenants waiting to see the apartment. I can not hold them off one more week so will proceed to show apartment beginning  Wednesday  afternoon.  Again,I thank you!
I'd be interesting to know what happened, hopefully all went well and you have a few prospective new tenants!
Hi Eric! The tenants left last night. I was to meet up with them at 7pm. to go over the move out inspection sheet and to get the keys.   Of course they were not there.  I really didn't expect them to be there anyway. They left the keys but didn't lock the door. I changed the locks last night.  The mess they left was frightening,especially the toilet! but  soap and water and a little elbow grease  cleaned it up nicely. I showed it to 3 prospects today and have 4 more to show tomorrow.  So glad to be rid of that mess!!!!!!  It certainly has been a learning experience.  I took tons of pictures of the filth left behind if for any reason they try to come back to haunt me. I seriously doubt they will be back for the security deposit.  Believe it or not they had the nerve to ask for one week back for moving on the 27th. Yes,they can't  count 2 months behind in   And they left no forwarding address. So I am very thankful beyond words this is over. I have learned that being firm and having alot of tenancity in dealing with deadbeats goes a long way.
I went through the same thing.  Just a month ago.  A tenant lived in my property 5 months without paying me rent.  I spent lots of money on professionals they made call for things they claimed were wrong with the apartment, but all was a bunch of lie to get away with not paying rent.  I spent also lots of money on an attorney, court and surveilance cameras.  At the end, I offered 1G to leave my property and they finally did.  Scumbags.  I am still cleaning up the mess they left behind.  Consider yourself LUCKY they left!  Yes, the laws do protect tenants more than landlords.  You should report those people on the tenant dispute website...  So that not other landlords have to go through what you went through...  It is free.  Glad everything worked out for you.  Be carefull in the future.  Do lots of background check and dont rent just to anyone.
First: Show prospective tenants a different apart., a good tenant's apt.--just so they can see what the units look like. Second--Have your attorney ready--always---and pull the trigger immediately when they fail to pay. I post a 3-day notice immediately, and then I go and turn it over to my attorney on the exact day they default. Continue through the process without skipping a beat. My attorney has had to follow through with two evictions. Yes--I had to pay the attorney up front, BUT ultimately I received every penny back as he pursued the tenant for the costs, back rent, late fees, etc., for years---even attaching their IRS return.  I think when other tenants see the Sheriff throwing the person out, it helps to let others know you wont accept this bad behavior. You cant let a tenant have an inch, or you will be five months down the road with no rent--and a bad tenant living in your property laughing at you.
I totally agree with you Greg.  However, I did followed all the steps you have mentioned but this guy knew the system very well in massachusetts and was able to get away with what he did.  The laws in MA are so against the landlords that my lawyer advice the best thing to do is just offer the tenant money to vacate from the get go. I should have done that from the get go and would have not lost so much as I did at the end.  In Ma, when a tenant complains to the BOH that something in the property is wrong, even if it is a lie, you cannot come back with an eviction because then it is considered retaliation.  So, it went like that on and on and on.  I will show proof that his complaint was false by having a license professional come over and certify that there was not a problem.  And then, he would come up with something else that was wrong, and so on and so on.  For example, he started complaining about mold in the property, there was not mold on the property, so then, he complained about the heating, there was nothing wrong with the heating.  Then, he complained about the plumbery, there was nothing wrong with the plumbery.  Then he complained about the electric outlets, there was nothing wrong with electric outlets.  Then, when all the letters from all the licensed professionals I had to call due to all this were in hands of the healtth inspector and he came to the unit for a final inspection, a couple door handles were missing "all of the sudden"...  I patiently replaced those.  Only, the tenant knows what he did with those.  And then, he started complainig about ants.  I finally just paid him off and told him to leave in a month time.  So he got out of me 5 months of free rent and 1G.  And less not even mention all the money spent on legal fees and licenced professionals.  And surveillance cameras because I was afraid he would damage more stuff in my property and claim there were things wrong with my house.  There are scumbags like that outthere so be aware of it...  It is not that simple all the time.  It is not always that easy.  I have my fair share of eviction and was very confident once upon a time, but after this one, I dont know what else to think...  When the inspector finally came back to approve my property, he was amazed I was able to get that guy out and told me, that is all he wanted all along, money...  
Keila....  I understand the courts and government is very protective of tenants - same in NH... which scares me that someone like that can (and does) get away with it. unfortunately those are the people who know the system too well and abuse every landlord they can -- free rent and bonus money to move out.  Had you done a credit/background check on the tenant?   One other thing I do when I call for references is to check who actually legally owns the land (most cities and towns have a public database online - look for the assessors office). I've worked in a CPA firm doing taxes and some fraud investigation, I've seen where people will list friends as the person they are renting from when they are renters themselves. The last time I was "tenant hunting" I had one person who tried to do this to me, and when I called the "landlord" I asked if they owned the property and was told yes -- automatic refusal of that application.  Pam, I'm glad to hear it sounds like everything is working out. I've had bathrooms left in a mess - however I'm lucky enough to know a good cleaner because I refuse to deal with those situations and will pay what it takes! Good luck in your tenant search!
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