Order of protection against tenant?

Question

I am a landlord in NYC
I have a tenant that crawled out from evil.
There are too much to even explain here but, i have 2 harassment reports, one hate crime report and 1 fire incident report filed against her. How would an order of protection work if i were to obtain one since i ,the landlord, lives in the 1st floor apartment of a private house and the tenant lives on the 2nd floor. If she has one against me and i have one against her, will this help with the lease termination? because i am tired of her cursing at me and my family, cursing us about our hindu religion, trespassing into the gardens and knocking over our jhandi flags, throwing "cleaning solutions" as she calls it on the stairs every morning. i have it on video surveillance which i took video and pictures of. One day as she leaves the house she throws a bucket of the solution on the steps, takes the empty bucket up the block comes back with solution in the bucket and throws it again on the steps, while i was watering my garden she was yelling at me about why am i spraying "voodoo" on her, i didn't understand since i was watering my garden, i told her, "i am watering my garden how can i be spraying you? you are standing over there and are not even getting wet" so back to my original question, can i terminate the lease due to the fact that we live in the same premise and we have order of protections against each other? amongst her other disruptive behaviors? on what grounds? nuisance?

goz1111 · Answer

While my answer may seem simple and not what you may want to hear; hire a lawyer familiar with the NYC housing court 

NYC housing court is:

1.	Notorious for being tenant friendly 
2.	It could take months to even get a court date 
3.	Even if you get a court date , at that date the tenant can ask for adjournment to seek an attorney, always granted no bond need to post , very common move by tenants
4.	Thus another 2/3 months before another court date 
5.	Then you still must follow NYC housing laws to remove a tenant for non-payment, meaning notice to cure etc. 
6.	Finally you will not even get to first base if your rental is not kosher under NYC housing laws 

Hence why I say you may need a lawyer

? · Answer

Keep a diary -- any and all law violations call the police.

Start building a well documented case against her. If you have a lease, don't renew it.... say you are going to renovate which will require her to move.

I would visit a property management to get their advise, or an attorney.

Eviction is your goal -- set your mind to, find a cause of action and evict her.

DOCUMENT - DOCUMENT --- in a diary dedicated to her unit, include complaints from other tenants and neighbors.

Call the police when you see violations -- maybe incarceration is another way out. If she is unlawful press charges when the police arrive.

Note any acts of harassment or any violations that may be deemed terrorist acts.
Use law to file legal complaints against her and have the police document their visits to any unlawful behavior.

VIDEO TAPING HER IS A GOOD IDEA --- that may be very useful in the future and get her to leave...people hate being photographed or watched.

.

The Arbiter of common sense · Answer

You have a number of incidents that would constitute lease violations, why not just evict them?  At that point, the orders become pointless, since they will no longer live there.  You cannot get an Order of Protection for someone living in the same house, because it would be instantly and constantly violated.

Trending News

Order of protection against tenant?

3 Answers