have this 54 year old man living in my basement not paying any rent .Everytime I go to court he always say he needs more time.This has been going on since April.2006. The last time i received rent from this man was in March. Now he is living rent free. What should i do i live in NYC. He received two extentions ,how many can the court grant him before his a** have to get out of my house.
2006-09-02 23:16:18 · 12 answers · asked by doris h 1 in Business & Finance ➔ Renting & Real Estate
It sounds like you rented this guy an illegal apartment.
Guess what ... if you did, you cannot legally collect rent, sue for back rent, or evict someone for nonpayment of rent in NYC. You have to move forward based upon the fact that you are violating building code, and those evictions can take at least 6 months as you have obviously learned.
You did something illegal and now you aren't getting paid. Boo freaking hoo. No one feels sorry for someone who broke the law and then cries about not making a profit from it.
You are lucky you did this in NYC and not right across the river in NJ. In NJ, you would have to pay the tenant 6 months rent as compensation AND they would get to live rent free until they found another place.
If you do anything at all like cut off his electricity, you will have your *** handed to you on a platter by a Judge. You are 100% in the wrong here.
2006-09-03 01:39:53 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 3⤋
Sell the house! No seriously, he probably does this on a regular basis because most basements in New York are no legal apartments and it's harder to get someone out of a basement than it is out of a traditional apartment. It's a common scam for someone to rent a basement, pay for a couple months then stop because it's at least 6 monthes free rent before they have to leave. There's really nothing that you can legally do about it but there are some other options like make a ton of noise throughout the night, disconnect the electricity down there, it'd be nice if you could cut off the water too (all things he's enjoying at your expense) if you can figure out a way to disconnect these things he won't last long. Does the guy work?
WOW, the person below me is caustic! Basement apartments are extremely popular in NYC http://www.nytimes.com/2004/02/25/nyregion/25BASE.html?ex=1393045200&en=12916664a78ee03a&ei=5007&partner=USERLAND and it is also one of the more affordable options for tenants in a city where $1200 for a studio is CHEAP! Additionally not every basement apartment is legal. Being in a basement doesn't automatically illegal. Also you're not going to get into legal trouble by turning off or allowing your utilities to be disconnected! It happens to people all the time, usually involuntarily. Tell them you couldn't afford the bill. Turning off the utilities is the quickest way to get someone out, no one is going to want to stay in a BASEMENT with no LIGHT or water. Do you have a place to stay for a week or 2 while you do this.
2006-09-03 01:06:33 · answer #2 · answered by Anonymous · 0⤊ 1⤋
First of all no one should assume that you have done anything illegal without the land lord tenant information for your state. Second the court has the right to grant extensions and they would not do so if your apartment was illegal. I've known cases that a landlord ended up loosing their property to the tenant when they tried to evict a tenant illegally. (It happened in California the tenant was a first year law student)
Thirdly, depending on the statutory limits of the court being able to grant extensions you should consider taking him back to court on an eviction and restitution suit.
Fourthly I would have my attorney also file a collection of debt suit if allowed by your land lord tenant laws.
As long as he is in your unit he has legal real estate interests in your property. He has those in one of three ways:
1. By virtue of the lease and the land lord tenant laws of your state
2. By virtue of a court order
3. By virtue of occupancy in accordance to the land lord tenant laws of your state (tenant holding over without permission) with or without a lease agreement.
One of the answers I saw said that in NY there are three extensions that can be granted by the court I didn't check that but you might want to verify that by going to your state's web site.
2006-09-03 02:28:44 · answer #3 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Evict the guy. This usually takes about three months, but since you are already in the court system, the cops should be able to come and get him out of your house.
2006-09-03 04:08:47 · answer #4 · answered by dnelak 2 · 0⤊ 0⤋
After his extension is up this time catch when he is gone one day and have the locks changed and keep his belongings untill he pays up, but tell him you are going to get rid of everything if he has not manageed to get them at the end of 30 days.
2006-09-02 23:33:13 · answer #5 · answered by Papa WILL 6 · 1⤊ 0⤋
You need a great RE lawyer. From my past experience it will be money well spent! Good Luck!
2006-09-03 00:19:53 · answer #6 · answered by clueless 3 · 0⤊ 0⤋
in Florida we call the police and the deliver the eviction notice mabe you should go that route
2006-09-02 23:25:39 · answer #7 · answered by p-nut butter princess 4 · 0⤊ 0⤋
They Can Give Him 3 Max, In NY....
2006-09-02 23:17:51 · answer #8 · answered by iLL_TeK_NeekZ 4 · 1⤊ 0⤋
EVICTION go to COURT and have them EVICTED!!!
Write the court and ask for an IMMEDIATE EVICTION WITH POLICE ESCORT!!!
Garnish his wages for the entire amount due!
2006-09-02 23:22:12 · answer #9 · answered by jennifersuem 7 · 0⤊ 0⤋
when he goes out change the locks to his place, go back to the police and ask them what to do . them remove him from his place that's if your scared don,t feel bad as the one in the wrong.
2006-09-02 23:26:18 · answer #10 · answered by Shane S 2 · 1⤊ 0⤋