Posted on 12/14/2005 5:07:22 AM PST by Behind Liberal Lines
LYONS NY--After weeks of trying to get the tenants out, the building owner, Craig P. LaRussa, age 36 of 4 Spencer Street Lyons, grabbed the opportunity of an open door to make his move. He simply removed the doors leading to the upstairs apartment and on the apartment itself.
Unfortunately, the tenants still refused to budge and called the police. The door removal lead to the apartment becoming cold and the unwanted tenants, along with their two young children, held out with the law on their side.
LaRussa was arrested on a warrant on Saturday (12/3) for Criminal Trespass 2nd and Endangering the Welfare of a Child. He was arraigned and released, but, still determined to get the unwanted residents out, he proceeded to turn off the electric and water service to the apartment. After a stern warning by police, the utilities were restored.
On the surface, LaRussa may come across as the mean fictional bad guy Simon Legree, a harsh slave owner and nasty all-around guy putting the poor people out on the streets because they were behind in their rent.
LaRussa admits he took drastic measures in an attempt to regain his apartment, but he is far from alone in the landlords’ world of deadbeat tenants, playing the system.
In the beginning of October, Robert Snyder and his common-law wife, Ada L Freeman, along with two young children, approached LaRussa with a story. The couple said they were on Department of Social Services and the DSS would be responsible for the rent.
Without a lease, the couple quickly moved all their possessions into the Glasgow apartment. Within days, LaRussa began asking for the first month’s rent. The couple told him there was some confusion at DSS and the money was forthcoming.
Days turned into weeks and LaRussa’s patience began running out. He knows such apartments as his are hard to rent and often DSS clients are the only takers.
Neither Snyder nor Freeman are employed. Weeks later still no money was paid. A call to DSS led LaRussa to the discovery that he was being taken. The down-on their-luck couple, LaRussa discovered, were not going to get any DSS money for rent. By then, the couple told LaRussa that he could do nothing about it. They were set to stay, rent free and utility bill free as long as humanly possible.
LaRussa had no idea that Snyder and Freeman, before approaching him, had just been evicted from another apartment and took another landlord for thousands of dollars in a similar working of the system.
Civil Wayne County Sheriff’s Deputy, Billy Carr, guessed the names of LaRussa’s nightmare before the Times could even blurt out their names. “I evicted them and I heard they moved right into another Clyde apartment,” said Carr.
Snyder and Freeman will have to appear in Court on December 14. Salerno said most deadbeat tenants never show up and simply wait for the Deputies to show up.
Unfortunately for LaRussa, the process for a legal eviction will take up to a month. “By the time I get into that apartment, it will be trashed and it will cost me more money to clean it up and remodel it. Snyder and Freeman changed the locks on the doors, prior to LaRussa attempts to remove the doors all together. A sign posted on the locked door said LaRussa would have to take them to court to get them out.
That sign was what gave LaRussa the idea to remove the doors when he found one open. “I sympathize with him, but you have to follow the law,” said Clyde Police Chief, Clint Gary. Police said they believe Freeman is pregnant with another child.
Salerno and Carr warn landlords to check backgrounds and never believe the sob stories some of the bad tenants, who know how to work the system, can level on landlords eager to rent their properties. “I gave them the benefit of the doubt. That is something I will never do again.
Deputy Salerno said he has seen many cases over the years where departing tenants cause thousands of dollars in damage, before evictions take place.
Craig, who will appear in Town of Galen Court on January 4th, owns several properties in Clyde and Lyons and operates the Dollar & More Store and the Subway shop in Lyons and the Clyde Bargain Center.
Police Chief Gary said he has no phone for Synder and Freeman. They could not be reached for comment.
Along with Deputy Dick Salerno, the two Civil Department Deputies perform about 150 evictions and foreclosures each year. Some of their evictions are names they see, over and over again. The two deputies said they have performed evictions as many as four times within a year for the same individual. “It is not unusual to see the same names 5, or 6 times over,” said Salerno. After a while, they (the evicted tenants) know why we are there and call us by our first names,’ he added.
Salerno said he often meets up with utility companies shutting off services and rent-a-center repossession men on the scene attempting to seize rented furniture, stereos and televisions.
LaRussa said he had problems with tenants in the past in his 6 apartments, but nothing like Snyder and Freeman. “Most just leave. Unfortunately, this is going to cost me a lot of money.” He said that Snyder and Freeman have not paid “one red cent” in rent since they moved in. “In addition, I’ll get stuck with the utility bills. Now, I have to pay a lawyer $350 for the papers to get them evicted he said clutching the legal documents already in the works.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
What BS. They won't work but they will steal.
One has to learn not to feel sorry for people and then make a bad personal decision. If you want to help and contribute to those in need to feel better - send money to the Salvation Army. Never take a personal risk on someone's sob story. It is usually bullcrap and then you are stuck with the grifter's bills or never getting your money back.
Need to resurrect the Debtor's Prison's for these scumbags.
Of course for these bums it would probably be heaven.
There's a FReeper here who has a similar tale of tenants in a rental he owned.
IIRC it took a month or two to oust them. On the day the court issued an eviction he was back to their apartment before they arrived and tossed all their crap out a window.
Burn the place to the ground.
One would think that there would be some criminal charges they could file against the tennants. Fraud, grand theft, something. That way the tennants could live rent free in another facility for a period of time.
In many states, once you let someone in, you're responsible for letting them stay. There have been actual cases where people have taken hard luck families INTO THEIR HOME and it's turned out badly. In some cases, the people were unable to evict the freeloaders from their home.
I have a co-worker with similar stories of when he was a landlord. It was the rule not the exception that these parasites know how to work the system.
Can someone explain to me why this isn't simple fraud and trespassing?
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
IIRC, Legree was a slave dealer. Seems like a very odd comparison to make.
I just don't get the logic. If someone invites me for dinner, can I just squat in their house until a court order evicts me in a month or two?!
Because he invited them to stay there. He should have checked it our BEFORE he allowed them in. The system is built to protest the freeloaders.
He should have hired some "professional persuaders" to get them out. It would have been cheaper in the long run.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
See #16 and tell me how this is any different...
Under New York law, until they are formally evicted, they aren't trespassing. In fact, the landlord is trespassing if he goes into the apartment.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
Oh. Now I understand... what a screwed up place.
No good deed goes unpunished, eh what?
It's not. Technically, you can have them arrested for trespassing because you did not agree they could stay as a tenant. The landlord basically told these tenants "Stay and we'll work it out".
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
I bought a house about 10 years ago for my in-laws to live in. When they moved into an assisted living facility over the summer I had briefly considered just renting the place out and trying to make some money off it. In the end I sold it instead and will take the hit in cap gains taxes, and still be sure I made the right decision after reading stories like this one.
It's not trespassing under NY law. Under NY law until the tenant is evicted, its "their" home. Furthermore, under NY law, if a landlord enters their apartment without permission there is a good chance HE can be charged with trespassing into "their" apartment.
In regards to fraud, larceny, etc., unless it could be shown beyond a reasonable doubt that tenants knew they would never pay the cops won't arrest any deadbeat for not paying rent. And, even if the cops arrest, the DA will drop the charges.
New York law is so stacked against the landlord I wouldn't wish my worst enemy be a landlord.
However, if they stay long enough and don't pay rent the can seize the property as a squatter. I saw this happen to a friend who let his scumbag mother in law live in a house that he owned and he let her live there rent free for three years. She secretly went to court and got the property deeded to her by the courts as a squatter and my friend had absolutely no recourse.
Need to resurrect the Debtor's Prison's for these scumbags. Of course for these bums it would probably be heaven.
You got that right...free room and board.
A word to the wise: Never rent to anyone who does not have a checking account. If a bank doesn't want them, neither should a landlord.
If you invite them to stay (not just for dinner), you're inviting them to negate any other options they may have had (not that they had any).
Once they're there, they are considered dependant upon you.
There is a booming business for background checks on tenants. In fact, most real estate lawyers would consider somebody to be an idiot if they didn't use these services to screen, even marginally, all potential tenants.
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
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"Without a lease". Says it all. I'm a landlord. My tenants sign a seven page document that covers everything (on both sides) and gives me the right to evict within 15 days of notice if they violate the T&C. I also get two months security. If they won't sign and pay they don't get the keys to my investment.
Thanks for posting to all. My mother is retired but just started working as manager of her apartment building. She has never done this type of work. I am worried because she is the type to take someone in to help them. The will give anything to somebody she believes.
Maybe if some piece of crap welfare bum tries to pull one over on her, me and my two brothers can "persuade" them to get out.
Good advice. My comment was more toward the prospective tenant even having a checking account. If a prospective says he will give you cash or a money order for the deposit and/or first month's rent, forget it. All that means is that he does not have the credit standing to even have a checking account.
Sounds like that movie from awhile back. "Pacific Heights" with M. Keaton ?
This landlord doesn't seem to be the brightest bulb out there. Every state in the union has criminal laws against theft of services. Based on the facts alleged against this pair, a prosecution would be easy.
This is why landlords make tenant sign leases and pay security deposits.
I grew up in this area - and he's no slum lord. Many low-cost apartments in Lyons and Clyde are converted old houses - built in the 1800s to early 1900s. The apartments are small, and somewhat cheap. But they have walls, plumbing, etc.
Yes, he should have been smarter, but I'm sure he'll not make the same mistake again.
I certainly sympathize with the need for a solid lease and a good background check, and feel awful for landlords that get screwed like this. I have however seen the other side of this.
I rent and have for a long time - or a variety of reasons, none financial - though now interested in buying property once the 'bubble bursts'. I've seen quite a few leases which were so lopsided that I walked away. I have never missed any sort of payment, rent, bill, and always pay my credit cards off in full. My credit score is a few points shy of 800. But too many leases are written in a such a way as to presume the lesee is always a deadbeat. If one presumes all tenants are deadbeats, than the only tenants one will get are deadbeats.
You don't understand the NYS law system. These folks have found the niche - stealing housing under protection of the law.
< Remington Steele >
Pacific Heights - Michael Keaton, Matthew Modine, Melanie Griffith, Twentieth Century Fox, 1990
http://us.imdb.com/title/tt0100318/
A yuppie couple buy a large house in an exclusive San Fransisco neighborhood. They renovate it and plan to rent two apartments on the first floor to cover the costs. A prosperous looking man moves in but is not the ideal tenant. He never pays any rent, drives the other tenants away and systematically ruins the lives of his landlords.
< /Remington Steele >
Throw these thugs out!
That was actually very thoughtful of him. I would have changed the locks and told them if they wanted their stuff back, to sue me. Since they are indigents anyway, they'd find it pretty hard to find a lawyer who would take the case.
Ya wouldn't get anything worth much, but you'd stick it to the bums.
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