Please help....."squatter"????

[jcoltrane]

Originally Posted by LANDLORDDDDD

Hi JCOLTRANE...THanks for the reply.

There is no lease on this apartment.

"Inform them that there is a stranger(s), unbeknowst to you, on your property, which you have recently discovered, and you want them removed. Be sure to have documentation identifying yourself and that you are the owner of the property."

Any way i can get in trouble for doing this in the long run, even though ive spokenn to him and know him for the last week?

What "trouble" are you thinking of? In any event, NO!

"IF, there is some *question*, and the police refuse, then you will need to go through the eviction process to evict the LEASE Tenant, which s/b rather easy since the Tenant has abandoned the premises; and likely will not answer in court."

It is not a lease.

Doesn't matter.

"Be sure to obtain a report from the police, witnessing the fact of the abandonment!!"

Just call 911 and ask them??

If someone broke into your house, you'd call the police, correct?

Same thing!! This guy you do not know is in your property. Officer, please remove him, thank you.

Be polite, but be assertive. The police will determine how to handle things. Best case scenario, the police will instruct the stranger to leave, immediately.

Worst case, the Police will tell you it is a "civil matter". Police only deal with Criminal matters. The Police will determine if it is a civil or criminal matter. Civil matters are handled by the Civil Court system, of which Landlord Tenant Court is a part.

You must convince the police, that you do not the stranger, that the stranger does not have your permission to be on the premises, you have no agreement with the stranger, and the ONLY knowledge you have of the stranger is when you discovered him the other day.

Call the police, immediately!! Specifically, while the stranger is present.

Be sure to get a report from the Police, the officers name and badge number, and a written account of what they observed. Important!! The report, the officers account, can serve as proof of abandonment.

If the individual is removed by the police, your problem with the so called "squatter" is over. You will still need to LEGALLY regain possession of the premises. I stress LEGALLY.

If in fact, the apartment has been abandoned and the tenant is not returning; AND the squatter is gone, then you can act as you chose. These things being true the risk is small.

That said, I strongly suggest following the letter of the law, 30 day Notice, then Petition the Court for Possession based upon Abandonment.

You can just go to the court and the clerks will advise of the procedure; OR, you could hire a Landlord/Tenant attorney. At the least, you can consult an attorney for a small nominal fee. If you are going to be a LL, it w/b best to get versed in the legalities!!!

"Understand, you are evicting the LEASE Tenant for *abandonment* (and perhaps non-payment as well)."

It is not a lease.

Doesn't matter. See below.

Is your backround a lawyer if i may ask?

No, I am not an attorney.

I have several years experience working L&T as a paralegal. Long ago, I might add...

****

First, you have a LEASE AGREEMENT, whether oral or written. In your case, it appears to be oral, though I am not sure precisely what you and the tenant signed and notarized.

In any event, an oral lease agreement is considered a month to month tenancy. A month to month tenancy can be terminated with 30 Days Notice. Formal WRITTEN Notice, served by regular mail and also certified/return recipt, so that you have PROOF of service. You can additionally post notice on the door of the premises. Be sure to note, date and time.

Again, a Lease Agreement, can be written or oral. You have an Agreement, whether written or not.

Luck!

[jcoltrane]

Originally Posted by SobroGuy

jcoltrane, I ask that they do, and if they are unable to comply I move to evict. The reason I can do that is because it is a 3 family home, I own no other property, and it is my permanent residence (I live onsite). As such I can evict a person and claim it is for family use, and I in fact CAN discriminate based on race, color, creed, religion, sexual orientation and every other discriminatory practice because in the eyes of NYC it is deemed my home, not a rental building. They have no legal recourse or rights, mine always supercede theirs.

Dude, sorry to tell you this, but in regard to disriminatory practices, you ABSOLUTELY WRONG! You cannot LEGALLY discriminate under any circumstances whatsoever! For, example, classically, you cannot refuse to rent to black people simply because they are black! It does not matter whether it is your home or not; because you live there, is NOT a defense.

On the other issue, yes, you have the right to evict for 'Personal Use'. Yet, if a tenant chooses to contest, then you will have to prove your need.

In any event, what you are suggesting is circumventing the Law and it's Intent!

Just to reiterate, you cannot LEGALLY evict anyone for wearing shoes in their premises---wholly unreasonable!

Of course I tell people before they move in, and I let them know before they move in that I can evict for any reason should they not follow basic, agreed upon rules.

What you are doing is LYING!

You may get away with it, because your tenants are ignorant and/or simply respect your wishes, but as far as legal, absolutely NOT!

You also likely get away with it, because of your location which does not attract tenants with the wherewithal and desire to contest. Try your 'technique' in a building say at 86th and Broadway and you will have a far more difficult time.

Such tenants will have the impetus and financial capability to contest, and will prevail.

If in fact, you have done this on more than one occaision, it w/b EASY to prove your effort to circumvent the law and its intent. VERY EASY! In which case, you will be subject to the penalty of the law.

The above is true and real.

While I do not recommend this for others, it does work legally under these specific circumstances.

The reason you do not reccommend, is because it is ILLEGAL!

I will agree however, LLs are too busy trying to get whoever will pay the highest possible rent....and then complain about the tenant afterwards. Well if all you are after is money, what did you expect..you have the money! Deal with it! I go for quality, not the highest paying tenant.

Well, it is really all about good business. Low vacancy, high average rent. Want to increase your net? Buy another building!!!

[craigslist]

Beat him with a baseball bat and let him know that you will continue to do so each and every day until he decides to vacate the building.

If he calls the cops on you.. have a family member pick up right where you left off so he knows that you mean business.