Made a big mistake 'renting' out illegal basement in NYC. Tenant is causing many problems, including changing the locks without permission, essentially cutting off our access to circuit breaker, water line & gas. There is no written contract and no checks/payments for rent have been taken and cashed, although we do hold a security. Attempts to resolve the problem by offering her aid to find residence elsewhere have been resisted. Any advice appreciated
2007-12-04 08:42:09 · 4 answers · asked by questions&answers 2 in Business & Finance ➔ Renting & Real Estate
As stated in previous answers, you are going to be found the guilty party as well. One issue that may come up is a he said/she said scenario. You are not allowed to collect rent on an illegal apartment. Any rents that were paid are to be forfeited and returned to the tenant. I can see this turning into a he said/she said situation. When you go to court, this tenant can claim they gave you XXX number of dollars but lost the receipt. A judge is going to be inclined to believe them to a point as it is not truly believable that a landlord would let someone move in without collecting a security deposit and first months rent at least.
Get a lawyer and fast. It sounds like you have a professional tenant on you hand and that they know the system. You need a lawyer on your side who knows the system as well and can work it in your favor.
Good luck!
2007-12-04 10:03:50 · answer #1 · answered by Patrick 5 · 0⤊ 0⤋
Yeah, you DID make a big mistake. Any legal action you take against this tenant is going to result in the disclosure that YOU rented an illegal apartment to the tenant. That makes you a guilty party as well.
I'd check with a good attorney on this one. Sounds like you will need it.
2007-12-04 08:46:49 · answer #2 · answered by acermill 7 · 0⤊ 0⤋
you may ask every person to flow away your domicile and in the event that they decline to realize this then they develop right into a trespasser and you will use clever rigidity to throw them out or maybe call the police. on your case, as there became into no contract signed for this reason there is no info he paid you any money nor there is any info which you made a concern for him to no longer deliver any controlled components on your domicile, for this reason, you may only request him to flow away & if he refuses to realize this then call the police and get him bumped off. in case you do call the police, with the education you provide, they could seek him & his room/the section he makes use of and if any controlled components are discovered then he could properly be arrested & dealt with. My very own advice is, that individual is common with the place you reside, so in case you do get grotesque approximately it, there's a ability of revenage..etc. So i could ask him lower back to no longer deliver drugs into the valuables and if any are discovered then you truly wont be telling him yet you would be contacting the police direct. that should function a warning and after the month is over, evict him. better of success.
2016-10-10 06:10:10 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Have you ever seen Pacific Heights? Yikes. Sorry buddy, sounds like a headache... What I would do would be to nip it in the bud RIGHT NOW before it gets any worse. Call the sheriff's dept., admit that you made a mistake, and get this lady OUT ASAP! Good luck.
2007-12-04 08:52:07 · answer #4 · answered by slushpile reader 6 · 0⤊ 0⤋