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Not really. Her "moving" is her business and how she does it or doesn't do it does not alter the agreement you've made. Regardless of what she appears to be doing (moving out, moving in) she can occupy the room for 60 days. Her only obligation under the stipulation is to surrender the premises on the 60th day. She could move everything out tonight and still not be legally obligated to give up the apartment until the sheriff shows up.
Actually, the tenant can surrender prior to the agreed period. No need for the expense of a Sheriff unless the tenant holds over the agreed period. You don't need the Sheriff to take control of your property if the tenant vacates and surrenders the key.
Surrendering the key is the key. If the tenant surrenders then that's it.
If the tenant vacates w/o surrendering the key, technically the LL can be at risk, if the LL enters w/o the key (breaks in). In this case, following thru with the Sheriff is prudent.
I recently found out my apartment is an illegal conversion (former attic) now the landlord has come in while i was at work and removed the entire kitchen for the appraiser what recourse do I have
First off, I hope you took pictures of the place. Second inform the L/L that unless is an emergency, NYC renting regulations state that he should request your permision if he wishes to enter the premises.
third, you should call the police and report it immediately.
The biggest issue with renting illegal basement apts is finding the right tenant, as it is with all apts of course. I have an unfinished basement I converted to a ground level apt, 3 means of egress (backyard, hallway, and front door), as well as full size windows on 2 sides. It is a great apt, nonetheless it is technically illegal.
You should take great care in finding a tenant for this space, as there are many people who do this for a living: move into a basement apt they know is illegal and then hold the landlord hostage. And they do it over and over again, moving from one apt to another, living for free and extorting money from the owner. It's really sad, and nobody deserves that.
So when dealing with an illegal apt in particular, you should take your time finding the right tenant and require ALOT of backup information including minimum 2 months of recent bank statements which show rent payments (which means they were not screwing the prior landlord), credit check, pay stubs, criminal and housing court check, AND VISIT THEIR CURRENT RESIDENCE AFTER YOU HAVE RECEIVED ALL THIS INFORMATION, but don't tell them you are are visiting their current residence until after you get all information and they pass muster.
At that point you will know if they are moving from another basement apt, AT WHICH POINT YOU SHOULD REJECT THEM. Why? Because even if you did some basic research and found out who the LL is and spoke to them, they likely just want them out and will tell you what a wonderful tenant they are = you will be screwed. I would not accept a tenant who currently lives in a basement apt to live in my basement apt...chances are that they are one of those people so be warned.
If you don't check their current residence, you are screwing yourself. And if you don't see rent payments in their recent bank statements, it means they aren't paying rent and won't be paying rent to you either.
IN ADDITION, do not rent to those who are coming from "their parents house" or "staying with a friend" or otherwise have no evidence of prior rent payments. It can mean they are simply lying and trying to cover up the fact that they were not paying rent to their current landlord. This applies generally to tenants but especially to renting illegal basement apts.
If you follow those basic rules, and go with your gut, you should be able to find a nice tenant. One last thing, NEVER rent to an attorney or anyone who works for attorneys/cops/or anyone working for NYC housing under any capacity. These 3 people can make your life miserable, even if it's not an illegal basement apt.
This is 3 generations of rental experience in NYC....heed my advice and you will be fine. I have worked hard at finding great tenants, even with my ground floor (Basement) apt. Be vigilant, take your time, and follow my guidelines and you should be able to find the right tenant.
The biggest issue with renting illegal basement apts is finding the right tenant, as it is with all apts of course. I have an unfinished basement I converted to a ground level apt, 3 means of egress (backyard, hallway, and front door), as well as full size windows on 2 sides. It is a great apt, nonetheless it is technically illegal.
You should take great care in finding a tenant for this space, as there are many people who do this for a living: move into a basement apt they know is illegal and then hold the landlord hostage. And they do it over and over again, moving from one apt to another, living for free and extorting money from the owner. It's really sad, and nobody deserves that.
So when dealing with an illegal apt in particular, you should take your time finding the right tenant and require ALOT of backup information including minimum 2 months of recent bank statements which show rent payments (which means they were not screwing the prior landlord), credit check, pay stubs, criminal and housing court check, AND VISIT THEIR CURRENT RESIDENCE AFTER YOU HAVE RECEIVED ALL THIS INFORMATION, but don't tell them you are are visiting their current residence until after you get all information and they pass muster.
At that point you will know if they are moving from another basement apt, AT WHICH POINT YOU SHOULD REJECT THEM. Why? Because even if you did some basic research and found out who the LL is and spoke to them, they likely just want them out and will tell you what a wonderful tenant they are = you will be screwed. I would not accept a tenant who currently lives in a basement apt to live in my basement apt...chances are that they are one of those people so be warned.
If you don't check their current residence, you are screwing yourself. And if you don't see rent payments in their recent bank statements, it means they aren't paying rent and won't be paying rent to you either.
IN ADDITION, do not rent to those who are coming from "their parents house" or "staying with a friend" or otherwise have no evidence of prior rent payments. It can mean they are simply lying and trying to cover up the fact that they were not paying rent to their current landlord. This applies generally to tenants but especially to renting illegal basement apts.
If you follow those basic rules, and go with your gut, you should be able to find a nice tenant. One last thing, NEVER rent to an attorney or anyone who works for attorneys/cops/or anyone working for NYC housing under any capacity. These 3 people can make your life miserable, even if it's not an illegal basement apt.
This is 3 generations of rental experience in NYC....heed my advice and you will be fine. I have worked hard at finding great tenants, even with my ground floor (Basement) apt. Be vigilant, take your time, and follow my guidelines and you should be able to find the right tenant.
How about a simpler rule? NEVER rent ilegal basement aparments
Absolutely astounding that a regular poster would boast about this, and believe himself entitled to rent his illegal dwelling to the cream of the prospective tenant crop. And the bit about showing up on the applicant's doorstep uninvited is just creepy. Why not break in while you're at it? After all, the place might be a mess and a landlord must protect himself...
Johan I could have entirely made this up...it is the internet and not a courtroom. In general it is best never to rent an illegal basement apt, but if you want to try it, heed my advice.
Hi "Modsquad81 " -- my sisters and I have taken control of my father's property- & accepted the fatct that he had allowed tenants to live in our Illegal basement -- But now taking to account the fines and law suites at hand, We want them to leave -- our situation is smilar to yours -- If you could tell me about your experience -- what lawyer did you hire? This would be very helpful.
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