getting a tenent out of illegal basment apt (Hempstead: real estate, apartments)

[tlak]

I am renting out a basement apt for the last 6 months. I have given this person a 30 day notice to leave, is it best for me to call the town and pay fines due to it being illegal or file in hempstead for evictions and get the sheriff involved? She is not paying rent and is bringing homeless ppl here, what is the quickest way to get her out.... this is the town of hempstead. I have already called police, she is claiming she broke her nose from falling on ice and that she hurt her eye on some shrubs, I contacted the real estate broker and they said there is nothing they can do.... this girl is a complete nut, drunk and out to sew me. I will be transferring to the sheriffs dept at the jail seeing as i work for the county...... im feeling its best to just get the tow3n involved and pay the fines as i will end up being out of the same amount of money filing w the courts in hempstead, not to mention pay fines anyway, so why not just have the town get her out? HELP!! any ideas??

[Spanky25]

Originally Posted by tlak

I am renting out a basement apt for the last 6 months. I have given this person a 30 day notice to leave, is it best for me to call the town and pay fines due to it being illegal or file in hempstead for evictions and get the sheriff involved? She is not paying rent and is bringing homeless ppl here, what is the quickest way to get her out.... this is the town of hempstead. I have already called police, she is claiming she broke her nose from falling on ice and that she hurt her eye on some shrubs, I contacted the real estate broker and they said there is nothing they can do.... this girl is a complete nut, drunk and out to sew me. I will be transferring to the sheriffs dept at the jail seeing as i work for the county...... im feeling its best to just get the tow3n involved and pay the fines as i will end up being out of the same amount of money filing w the courts in hempstead, not to mention pay fines anyway, so why not just have the town get her out? HELP!! any ideas??

Took my sister 2 years, yes two years to get her people out!
Good Luck!

[I_Love_LI_but]

The Town of Hempstead cannot evict her. The only way to evict her is to go through the court, have a judge issue an order of eviction, and then have the Sheriff evict her. This will take time. If she's used to this, she might have excuses and go back and forth in court, but the only way to get the Sheriff to do anything is with a judge's order. Note that there is a wait for the Sheriff's services and if on the day of eviction she is still there with her belongings it is your responsibility to put her belongings in storage and pay for it. The Sheriff can throw her and any other people out, but they cannot put her stuff on the curb. Next time don't rent an illegal basement apartment.

The only other way to get out of this cheaper is to pay her to leave. She might take money from you and go. Often dirtbags are very attracted to a cash payment. Make her sign a paper that she is leaving and giving up all rights to occupy the apartment on ___ date in exchange for $___ cash, you sign it, and preferably have an unrelated witness sign it. Date the paper. Make sure everyone prints their name under their signatures. If you do that and she takes the money, IMMEDIATELY change the locks and consider yourself lucky!

Another thing ... your realtor broke the law by representing an illegal apartment. Since you are an illegal landlord you cannot complain, but if your tenant paid a fee to the realtor for finding her your apartment, your tenant can go to the realtor and threaten to make a formal complaint against the realtor's professional license to the NY Department of State unless your realtor helps find her another apartment for free or returns the fee she paid the realtor. Giving her this information along with cash might help get her gone. Obviously this realtor is a lowlife breaking the law him/herself, not screening the tenant properly but sending you the first warm body with a commission for him/herself, and then giving you no help with information on how to get rid of the tenant. If you want more information on how she can make the complaint, just ask and I will post it in the thread.

[okellies]

My brother in law is a lawyere and her used to intern and work in the Town of Hempstead for the landlord/tenant dispute and he said that the judge will often favor the tenant in illegal apartment cases.

You will more than likely have a long road ahead of you, unless you work something out with the tenant directly.

Good luck.

And as I_Love_LI_but said, the realtor broke the law by representing an illegal apartment. I cannot tell you how many times when I used to look for apartments that realtors would represent illegal apartments. It's way too common.

[rubygreta]

Moral of the story - never, never, never lease an illegal apartment. That apartment is for your children or parents. That's it.

[okaydorothy]

From here I would go to the court house, fill in the paperwork for non payment of rent. Get out your lease, get out all your receipts (probably a cash payment eh). Have someone serve her with her court papers and take her to court as fast as you can. The judge will probably give her a date that she has to leave by, if she hasn't left by that date, then you go to the sherif and pay for them to get her out.

Now reality hits ; you maybe better off and quicker by paying her to leave. We did that to a tenant. Paid her when she and her children were in the taxi and the locks were changed. At that time (2 years ago) in suffolk, it took $1500 to pay to the sherif and lots of months waiting. In the meantime, the tenant lives there for free!!

[MrBitterness]

Hide some eggs in areas they will never find. Within a week they'll be gone.

[whinnner1]

Originally Posted by okaydorothy

From here I would go to the court house, fill in the paperwork for non payment of rent. Get out your lease, get out all your receipts (probably a cash payment eh). Have someone serve her with her court papers and take her to court as fast as you can. The judge will probably give her a date that she has to leave by, if she hasn't left by that date, then you go to the sherif and pay for them to get her out.

Now reality hits ; you maybe better off and quicker by paying her to leave. We did that to a tenant. Paid her when she and her children were in the taxi and the locks were changed. At that time (2 years ago) in suffolk, it took $1500 to pay to the sherif and lots of months waiting. In the meantime, the tenant lives there for free!!

Fill out the "paper work for non payment of rent"? What planet do you live on?

[nycbrooklyn]

Originally Posted by okaydorothy

From here I would go to the court house, fill in the paperwork for non payment of rent. Get out your lease, get out all your receipts (probably a cash payment eh). Have someone serve her with her court papers and take her to court as fast as you can. The judge will probably give her a date that she has to leave by, if she hasn't left by that date, then you go to the sherif and pay for them to get her out.

Now reality hits ; you maybe better off and quicker by paying her to leave. We did that to a tenant. Paid her when she and her children were in the taxi and the locks were changed. At that time (2 years ago) in suffolk, it took $1500 to pay to the sherif and lots of months waiting. In the meantime, the tenant lives there for free!!

I have seen this method work a lot better than people might think. A lot of people see a couple thousand and think yea I have quick money and they jump on it but as noted do not pay until she is out

[BuffaloTransplant]

The apartment is illegal. Why should the town (or any entity associated with them or the police) help you get out a tenant who should not be there???? I believe most towns, in this case, on finding an illegal apt., want you to either make it legal or fine you.