A landlord-tenant dispute in Borough Park, NYC, is raising legal and operational red flags that Arizona real estate investors should note. Here’s a summary of what happened and why it matters:
Key Takeaways:
- Landlord’s Request: Landlord Aneiello DeGiuda, who has health issues, wants to move into the first-floor unit due to difficulty climbing stairs. The unit is currently occupied by tenant Kenyatta Blakely.
- Tenant Pushback: Blakely refuses to leave, demanding the landlord go through formal eviction procedures.
- Unpaid Rent & Harassment Claims: DeGiuda claims Blakely hasn’t paid rent. Blakely accuses DeGiuda of harassment, including inappropriate text messages and surveillance.
- Building Violations: A cellar unit in the building has a vacate order due to serious code violations, weakening the landlord’s legal standing and exposing him to fines.
- Legal Process: New York law requires a formal notice and legal grounds for eviction. Health needs alone don’t qualify.
Why This Matters for Arizona Landlords:
- Legal Compliance is Non-Negotiable: Even if a tenant is behind on rent, landlords must follow proper legal procedures. Avoid informal actions that could lead to harassment claims.
- Code Violations Undermine Your Position: Renting units with unresolved violations can invalidate eviction claims and invite hefty penalties.
- Due Diligence Protects Profitability: Screen properties as thoroughly as tenants. Deferred maintenance and permit issues can become costly legal liabilities.
Arizona Context:
Arizona landlords have more favorable laws, but these issues are still relevant:
- Keep your properties up to code.
- Use formal notices and legal channels for any disputes.
- Partner with a property manager to reduce risk and maintain compliance.