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i own a one family house with a half below ground basement. i let a family member stay in the basement. there are 3 rooms and a bath ( sink, toliet and shower) NO KITCHEN. and no outside entrance to the basement. my front door is the only way in or out. he gave me some money towards the bills at first but now has not gave me any money in 5 months. and he doesnt want to get out. i went to court and had him served papers that i wanted him out. of course he is still there.
i have 2 questions
1. is that illegal? will i get in trouble with the city? with the morgage company?
.......... I've never heard of anybody getting into trouble for letting someone live in their basement. Why not?
Because it's illegal,especially when there is no direct door to the outside.If the first floor were to become engulfed in flames,the person in the basement would be trapped.
There have been numerous deaths because of these types of illegal living spaces in recent years and the city is on a campaign to find them and close them down.The fines can be substantial.
Anyone who rents out an illegal basement space in NYC is crazy because it frequently results in exactly this type of situation where the tenant refuses to pay and then turns the landlord in to the DOB as retaliation.
There are a lot of people who move from one illegal basement space to another,pay little or no rent , turn the landlord in when the situation gets nasty and then go out and find another illegal basement space so as not to pay any rent for another year or so.It's a con game and they know exactly what they are doing.
Essentially you have a roommate, not a tenant living in a illegal basement apartment. Contrary to what Bluedog says there appears to be no separation between living arrangements therefore not a separate apartment.You have the legal right to enter and remove the bathroom without his approval in the basement if you believe it's against the code and if it will be used against you.
Obviously "serving papers" is only serving papers, not an outright eviction. You must have a trial date?
Because it's illegal,especially when there is no direct door to the outside.If the first floor were to become engulfed in flames,the person in the basement would be trapped.
There have been numerous deaths because of these types of illegal living spaces in recent years and the city is on a campaign to find them and close them down.The fines can be substantial.
Anyone who rents out an illegal basement space in NYC is crazy because it frequently results in exactly this type of situation where the tenant refuses to pay and then turns the landlord in to the DOB as retaliation.
There are a lot of people who move from one illegal basement space to another,pay little or no rent , turn the landlord in when the situation gets nasty and then go out and find another illegal basement space so as not to pay any rent for another year or so.It's a con game and they know exactly what they are doing.
well the basement is half underground. right now since he hates us for wanting him to leave he goes out the basement window. there are 8 windows 44wx20h. plus without an entrace down there how could i rent it to a stranger. only family could live there.
well the basement is half underground. right now since he hates us for wanting him to leave he goes out the basement window. there are 8 windows 44wx20h. plus without an entrace down there how could i rent it to a stranger. only family could live there.
That's almost the stupidest thing I've ever read here.
Essentially you have a roommate, not a tenant living in a illegal basement apartment. Contrary to what Bluedog says there appears to be no separation between living arrangements therefore not a separate apartment.You have the legal right to enter and remove the bathroom without his approval in the basement if you believe it's against the code and if it will be used against you.
Obviously "serving papers" is only serving papers, not an outright eviction. You must have a trial date?
i went to court and they told me i had to buy these papers, and have someone serve him and wait 30 days. if he didnt leave buy then i had to go back and then i guess get a trail date. they would'nt let me even see the judge.
the bathroom was there when i bought the house. all i did was buy a toilet and tile. without a seperate entrance i dont think i will get in trouble because like you said there is no separation between living arrangments except he is down there and i am upstairs.
Doesn't sound like your relative will be capable of mounting a legal challenge to your eviction. Why not fill the basement with 3 or 4 inches of standing water while he's out for the day? Maybe urinating down the basement steps will send him a message.
You could be in big trouble if he goes to court and claims you rented the space to him,especially if you ever took a check.
There's no way the court or DOB would view this as a separate apartment if the OP has the capability of not incriminating himself (not sure). As long as he maintains the "sharing" or "roommate" scheme.
OP has the legal right to enter his own basement and make corrections to the plumbing and remove the bed.
How would a person who enters and exits through a 20 inch window have the where with all to prove anything?
Doesn't sound like your relative will be capable of mounting a legal challenge to your eviction. Why not fill the basement with 3 or 4 inches of standing water while he's out for the day? Maybe urinating down the basement steps will send him a message.
when it rains bad i get a small leak down there. and he still wont go. he is a crack addict. so he aint getting out of a free place. and i know he is smoking crack down there. when he wasnt there i looked in his draw for proof since he said he would never do it in my house. i found empty bags with residue, a glass pipe and screens. there is a funny smell that comes up from down there and the basement has a smell that would go away. the cops say they cant do anything enless the catch him red handed. and i dont know what crack smells like. but i know its not cigerrettes or pot. i felt bad when his mother died so i let him move in downstairs. biggest mistake of my life. i felt bad because he had trouble finding a place b/c a lot of people want a w2 as proof of working a year or 2. now i know why.
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