I own a Two family Home in Queens, NYC and I rented the apartment to a family member and they have no lease. I'm having problems with them and they called the department of building on me claiming I have an illegal basement, which I don't. How can I get them out of my house without any problems and not evicting them. I know that they want me to evict them so that they won't have to pay rent if ordered by a judge if it goes that far.Please advise.
2007-02-05 14:59:28 · 8 answers · asked by JRC 1 in Business & Finance ➔ Renting & Real Estate
Just to add I don't want them to leave because they called the city on me or for retaliation,I'm just dissapointed because I thought they were family. I have no problems with them but I feel that I can't deal with them anymore and feel umcomftorable even talking to them at this point. I just want them to leave they will make 2 years this July of 07 and If they don't leave then I have to raise their rent which I know they will not be happy with and will not want to pay.
2007-02-05 15:20:00 · update #1
boy.i don't know.but i hope you learn all about this before you rent it again,no matter family or not.
2007-02-05 15:10:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You are in a very bad position legally and personally. You need to seek legal help. You need to be very careful about what actions you take. Even though they are family they can become your biggest nightmare overnight if given the opportunity. I say this because they have what is called sqwatters rights. Meaning since they have lived there for so long with you not kicking them out they have a RIGHT to be there. Since you have the added problem of them never signing a lease you have nothing that says that they are supposed to pay the rent amount they are paying you now let alone any rent at all. If you upset them they could stop paying you all together and then you have to figure out if you can afford to survive without the rent money they are giving you. You could try to evict them, but they don't have to go anywhere if they don't want to. It took my father in law two years to get non-family members out of a house he owned under similar circumstances to yours. Don't waste anymore time asking us what to do, you need to get an attorney before these family members of your destroy your life. In the future don't let yourself get suckered by family members. Family is ALWAYS worse when it comes to renting than a perfect stranger would be. Good Luck!
2007-02-05 16:00:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Generally, landlords with a month to month lease must give 30 days written notice to a tenant to move out, and that's it. It's much easier to get rid of a tenant on a month to month lease than on a written lease. Make sure you document the fact that you gave notice.
I want to mention, though, that this will look like a case of retaliatory eviction - that you are kicking them out for calling the city on you. At least where I live, landlords who do this can get into a lot of trouble. You shouldn't have this problem since you can legitimately give them the boot with just the 30 days notice, but be slightly leery that sometime in the near future they may bring a claim against you for retaliatory eviction.
2007-02-05 15:11:40 · answer #3 · answered by anna13 4 · 0⤊ 0⤋
I would agree that contacting a lawyer would be a good idea. I would think that with a month to month tenant you could tell them you are planning to renovate and give them thirty days notice. You could wait until March 1st or you could just tell them now and say they have to be out by April 1st. This way you have given them the 30 day notice and they have to move. They have to pay rent also. If they don't take them to small claims court and get the rent money. They will have adequate notice and if they reside there until April 1st then they will be legally required to pay the rent. Definitely check with an attorney though.
2007-02-05 15:15:12 · answer #4 · answered by country girl 5 · 0⤊ 0⤋
First let me state that I am not an attorney nor do I play one on tv...
I live in kentucky and here
on a month to month lease, you do NOT have to evict them
you go and collect your rent and tell them that they have 30 days to move as the lease is not being renewed.
Since they have been hostile
call the police (when you know that they are home) and tell them that you are afraid for your safety and that you want them to go with you when you give them this letter telling them that the lease has not been renewed.
Assuming that the police go, they cant say that they did not get the notice.
In thirty days, if they are not gone, the police KNOW that you served them and now they are trespassing.
Verify this with your attorney or even with the police department.
Be sure to tell the police when you call that you are fearful for your safety or they wont come.
Follow up with a certified letter that states something to the effect of
'as per our conversation on blah blah date your lease is not being renewed
you have thirty days to move
THIS IS NOT AN EVICTION this is the end of your lease.
(Police make great witnesses in court)
For the guy that said that they might take you to court, WHO CARES
when you go infront of the judge you tell him that you wanted them out for awhile now and that they lies against you for the illegal basement or whatever where the last draw.
(which explains why you took the police with you to deliever the "get out" papers).
Put their relatives on the witness stand (if you were such a bad landlord why would they refer a relative to live in your place?)
They will be laughed out of court!
2007-02-05 15:13:56 · answer #5 · answered by lisa s 6 · 0⤊ 0⤋
First, i do no longer trust you're 71, extra possibly 17 and under no circumstances determining to purchase some thing. although, so that you will be a extra perfect tale teller, except this is a repeat violation that you received earlier written note interior the perfect 6 months, you may't be kicked out without 30 days written note. He can no longer have the police evict you with no courtroom order. you've the right to attend and take section at any listening to. So except you've been served or lengthy gone to courtroom, your landlord is finished of BS.
2016-11-25 19:26:11 · answer #6 · answered by ? 4 · 0⤊ 0⤋
You need to contact a local Real Estate attorney for advice. Landlord/Tenant laws vary by state and are VERY strict when it comes to following the letter of the law. You could end up in a LOT of trouble if you make a wrong move. The attorney will be well worth it.
Kentucky Landlord/Tenant laws, for example, will not be the same as NYC Landlord/Tenant laws.
2007-02-05 15:07:19 · answer #7 · answered by Azhat1 2 · 0⤊ 0⤋
Hi - you just need to give them 30 days notice if your really generous 60 days - sure you may be pushed to evict them
but if you do the paperwork you have the upperhand and
will get them out - just certify anything you give them so you
have copies
hope this helps . . . . Housebuz
2007-02-05 15:21:25 · answer #8 · answered by housebuz 1 · 0⤊ 0⤋