Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13
  1. #1

    Default Can a Landlord Cut Off a Tenant's Water if They Stop Paying Rent

    My question involves landlord-tenant law in the State of New York.

    Hello I am in desperate need of help here. Long story short. I bought a 2 family home in Bronx New York with one of my long term friends. All the paperwork was under my name till last year when decided to give him a deed for 1/3 of the property but the mortgage is still under my name. I found out this year that he has been sexually molesting my daughter who is a minor for the past 2 years since she contacted her school and ACS was involved. At the current time we have an order of protection against him and he can't come to the property but his family is still occupying the 2nd floor and they stopped paying rent. I can't afford to pay my mortgage and they have no lease. I am thinking about cutting off the water as they are not paying anything and i am paying for all utilities. Can i do that since they are not technically tenants and part owner? Please help. I contacted a lawyer and was told that i can pay him off the amount of money he invested, but i can't contact him and i want him in jail for a very long time. Any assistance provided here will be greatly appreciated!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Partnership Property in Bronx, New York

    Quote Quoting Mainulhmollah
    View Post
    My question involves landlord-tenant law in the State of New York.

    Hello I am in desperate need of help here. Long story short. I bought a 2 family home in Bronx New York with one of my long term friends. All the paperwork was under my name till last year when decided to give him a deed for 1/3 of the property but the mortgage is still under my name. I found out this year that he has been sexually molesting my daughter who is a minor for the past 2 years since she contacted her school and ACS was involved. At the current time we have an order of protection against him and he can't come to the property but his family is still occupying the 2nd floor and they stopped paying rent. I can't afford to pay my mortgage and they have no lease. I am thinking about cutting off the water as they are not paying anything and i am paying for all utilities. Can i do that since they are not technically tenants and part owner? Please help. I contacted a lawyer and was told that i can pay him off the amount of money he invested, but i can't contact him and i want him in jail for a very long time. Any assistance provided here will be greatly appreciated!
    He owns 1/3 of the property. His family has every right to live there and you have no right to cut off utilities. Also, don't you think that his family are victims too?

  3. #3

    Default Re: Partnership Property in Bronx, New York

    Yes, they are trashing the place putting garbage everywhere. Why should i pay for his utilities when he's not paying anything?

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Partnership Property in Bronx, New York

    You can only pay him off the amount of money he invested if he agrees to sell you back the 1/3 ownership you deeded to him. Are we to assume that you invested 2/3 and he 1/3?

    If he won't agree to sell you back his interest, you could file a partition action, either voluntary or judicial, to separate your interests in the property so the property can be sold. You could then purchase his interest. Find yourself a partition lawyer for a consultation.

    Do you also live in the house? Are there separate meters on the two apartments?

    You may not be able to contact him directly but you can still contact his family.

  5. #5

    Default Re: Partnership Property in Bronx, New York

    Yes i own 2/3 of the property. His family is brain dead and has no say in his life and i occupy the 1st floor. Unfortunately its only 1 meter for both of the units so i am having the eat the utilities bill. I wanted to purchase his interest but he has no intention of negotiating and thinks he can live in the property for free. I heard the partition may take 8+ months to be done and i cant afford to pay the mortgage for that long.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Partnership Property in Bronx, New York

    Quote Quoting Mainulhmollah
    View Post
    Yes i own 2/3 of the property. His family is brain dead and has no say in his life and i occupy the 1st floor. Unfortunately its only 1 meter for both of the units so i am having the eat the utilities bill. I wanted to purchase his interest but he has no intention of negotiating and thinks he can live in the property for free. I heard the partition may take 8+ months to be done and i cant afford to pay the mortgage for that long.
    Too bad you put him on the deed.

  7. #7

    Default Re: Partnership Property in Bronx, New York

    Yes its definitely a lesson learned. But can i legally cut off his water service since he's technically not a tenant and part owner and he's not paying any bills? Can i also get him fined for the garbages?

  8. #8
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Partnership Property in Bronx, New York

    Are there two separate meters for electricity? Have you asked the water company if the two apartments can be split so that each has their own meter? That may require you to hire a plumber. That may be possible or not depending on how the house plumbing was installed in the first place.

    If he is leaving garbage outside of the house, by all means call the City hot line and report him.

  9. #9
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Partnership Property in Bronx, New York

    Quote Quoting Mainulhmollah
    View Post
    Yes i own 2/3 of the property. His family is brain dead and has no say in his life and i occupy the 1st floor. Unfortunately its only 1 meter for both of the units so i am having the eat the utilities bill. I wanted to purchase his interest but he has no intention of negotiating and thinks he can live in the property for free. I heard the partition may take 8+ months to be done and i cant afford to pay the mortgage for that long.
    If you can't afford to pay the mortgage for 8 months where are you going to get the money to pay him?

    Assuming you have the money to pay him, you can hire a lawyer to deal with him.

    If he won't negotiate you either file a partition action or you lose the house when you can't pay for it.

    By the way, his family members are not owners, they may be tenants at sufferance and could be subject to eviction. One more reason to hire an attorney.

    You're between a rock and a hard place. You don't have a lot of choices.

  10. #10

    Default Re: Partnership Property in Bronx, New York

    I am going to look into another lawyer, but do you guys know if i can shut off the water? My water bill sky rocketed since this happened. I think they let the water just run 24/7. I also pay the electricity, can i turn off the electricity? Thank you guys.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Eviction Process: Can You Start the Eviction Process if a Tenant Says They're Going to Stop Paying Rent
    By lawfacts in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-01-2017, 06:18 AM
  2. Rental Agreements: When Must a Landlord Notify a Cosigner that a Tenant Stopped Paying Rent
    By lawfacts in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-03-2017, 09:15 PM
  3. Recovery of Premises: Can a Landlord Treat a Rental Property as Abandoned if a Tenant is Still Paying Rent
    By MonumentSales in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-04-2016, 05:56 AM
  4. Grounds for Eviction: Will Our Landlord Evict Us if We Stop Paying Rent Over Bad Conditions
    By itsjustnotright in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 03-30-2014, 03:07 PM
  5. Rent and Utilities: Can I Turn Off Water if a Tenant is Not Paying Rent
    By ellispe in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 08-20-2009, 10:32 AM
 
 
Sponsored Links

Legal Help, Information and Resources