eviction (by Kelvin [NY]) Dec 3, 2022 12:02 AM|
eviction (by Kelvin [NY]) Dec 3, 2022 12:09 AM
eviction (by Robert J [CA]) Dec 3, 2022 12:31 AM
eviction (by don [PA]) Dec 3, 2022 2:45 AM
eviction (by Bonanza [NC]) Dec 3, 2022 7:58 AM
eviction (by Robert,OntarioCanada [ON]) Dec 3, 2022 8:31 AM
eviction (by Ken [NY]) Dec 3, 2022 8:33 AM
eviction (by small potatoes [NY]) Dec 3, 2022 10:00 AM
eviction (by myob [GA]) Dec 3, 2022 11:31 AM
eviction (by Bonanza [NC]) Dec 3, 2022 7:45 PM
eviction (by Ray-N-Pa [PA]) Dec 3, 2022 8:36 PM
eviction (by jonny [NY]) Dec 4, 2022 1:19 PM
eviction (by myob [GA]) Dec 4, 2022 1:40 PM
eviction (by Mapleaf18 [NY]) Dec 4, 2022 7:24 PM
eviction (by Kelvin [NY]) Posted on: Dec 3, 2022 12:02 AM
State Specific Question About: NEW YORK (NY)
My mother inherited a 3 family house ( 3 stories with 1 apt in each floor) in NYC. The apartments on the second floor are illegal, 1 family apartment was divided into 2 families apartments and rented out. Tenants were asked to move, they won't move bec rent was cheap. Now they also stopped paying rent.
What kind of illegal eviction proceeding is best? nonpayment, holdover, eviction for illegal conversion..... Thank you! --72.229.xxx.xxx
eviction (by Kelvin [NY]) Posted on: Dec 3, 2022 12:09 AM
Sorry, What kind of legal eviction proceeding... --72.229.xxx.xxx
eviction (by Robert J [CA]) Posted on: Dec 3, 2022 12:31 AM
In some cities it is illegal to rent out an illegal unit. If the tenant reports this to you Housing authority, you will be asked to pay back all of their rent that they ever paid.
This happens to friends of mine. I tell them to give the tenant "cash for keys" via an escrow account. Some times you start at $2500, then $5,000. If necessary figure it out. Even 10 grand is a cheap why of handling things. And many times you can not evict a person easily from an illegal apartment.
But as the new owner, with the help of an attorney, if the tenant won't move, you can have someone report this illegal unit and have it Red tagged so no one can live there. Again you have to be carful. One wrong move and the fines can eat you up!
I purchased a 15 unit with the laundry room being converted to a 16th unit. I asked the guy to please find another place to "stay", not live. I did not accept any of his rent money because I knew I wasn't allowed to accept it on an illegal unit.
So as a contractor I pulled permits to convert the laundry room into a Guest/work area. No kitchen, only a toilet, sink and heat. I did not go forward. Instead when I smelled "weed", (It was illegal back then), I thought the dryer caught on fire so I called the fire department. They came out and they found the guy living in the converted area of the laundry room stoned out of his mind. The police hauled his behind away to jail. Then I removed all of the make shift partitions --making it back into a laundry room. I also changed the lock to a combination type with a memory, giving each tenant their own code. So if someone let him in, I'd know who it was and could take action.
The guy got a free attorney and tried to create problems unless I fork over $20,000. Since my escrow documents never listed a 16th unit and I never accepted any rent from this "dude", I called him a squatter. And won a case against the free legal aid firm. --47.156.xx.xx
eviction (by don [PA]) Posted on: Dec 3, 2022 2:45 AM
Does the tenant know the 2nd floor conversion into two units was illegal? Do you have any rental licenses at all? If you have a rental license for the 2nd floor, maybe start eviction for the second floor as if it were one unit. Hopefully, the deadbeats will leave before the Sheriff has to come. If it gets to that, you would need good relations with the other 2nd floor apt. residents to assure them that they could stay. --73.141.xxx.xxx
eviction (by Bonanza [NC]) Posted on: Dec 3, 2022 7:58 AM
Dude, you're in NYC. That place is so anti-landlord that you need a lawyer not a bunch of yokels on the internet. --65.188.xxx.xxx
eviction (by Robert,OntarioCanada [ON]) Posted on: Dec 3, 2022 8:31 AM
Consider contacting a landlords association where google to find. Once they are out then will decide to convert back to a single family home where renovate then go from there to keep or sell. --68.69.xxx.xxx
eviction (by Ken [NY]) Posted on: Dec 3, 2022 8:33 AM
I could help if it was upstate but NYC is like a different state. You need an attorney who does evictions regularly --74.77.xx.xx
eviction (by small potatoes [NY]) Posted on: Dec 3, 2022 10:00 AM
talk to a lawyer and please let us know what they say. For starters in NYS (not nyc) if they were there more than 2 years you have to provide 90 day notice to not renew, not sure you can do that in nyc. Cash for keys is prolly a non-starter since they will be under such a hardship to find new digs. Tell us more about who owned it, they must of had some knowledge of the extra unit. --72.10.xxx.xxx
eviction (by myob [GA]) Posted on: Dec 3, 2022 11:31 AM
Bonanza who you calling Yokel's?
you have 2 strikes. #1 we've read your posts and number 3 we've read your answers. #2 is self-evident since you're from NC..
BTW whats a dude? --66.133.xx.xx
eviction (by Bonanza [NC]) Posted on: Dec 3, 2022 7:45 PM
MYOB - I am glad I am making you smile. --65.188.xxx.xxx
eviction (by Ray-N-Pa [PA]) Posted on: Dec 3, 2022 8:36 PM
Would you do surgery to yourself?
If the answer is no - then consider using the local LEGAL experts on Evictions in your communist city....an attorney --24.101.xxx.xxx
eviction (by jonny [NY]) Posted on: Dec 4, 2022 1:19 PM
Why do you want them out? Because it's an illegal situation or something else? That is going to be the real question.
I don't think anyone is going to "care" about it being illegal until it's brought up and that may not even be an issue either (I mean in court if you are trying to get them out).
I wouldn't be surprised that if it was brought up, the tenants would then find a way to get their money back for the rent paid to reimburse them for being swindled.
Tread lightly on this. Think about 5 steps ahead and keep it that way. Why did they stop paying? That's a little foolish on their part if they don't want to move because the rent is so cheap.
If you gave them proper notice to vacate (served properly) then you should be able to take them to court (for holdover). Do you know if that was done correctly? Is that why they are not paying? They stopped paying because they are suppose to be out? Do NOT accept any rent from them for any time AFTER they were to be out. If you do, then that means you are allowing them to be there and you can't do that AND ask them to leave at the same time.
Get an attorney that KNOWS and DOES landlord/tenant cases REGULARLY (check them out in court, ask their clients how they felt after, etc).
Just because they say they are real estate attorneys doesn't mean they mean they know what or how to do evictions properly. --69.201.xx.xxx
eviction (by myob [GA]) Posted on: Dec 4, 2022 1:40 PM
Bonanza I love your thought process and analysis and very very rarely need to rethink where you're going on point.
So yes, you make me laugh out loud when you post.
Your recent post was one of the best I've seen here in a while about managing for others. Think many realized with that post what actually goes into WORKing. --66.133.xx.xx
eviction (by Mapleaf18 [NY]) Posted on: Dec 4, 2022 7:24 PM
NYC? SELL!! --64.246.xxx.xx