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Old 10-11-2013, 07:18 PM
 
25,556 posts, read 23,980,472 times
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If you're that afraid of the tenant just wait until the lease is up and say you can't renew it.

Otherwise, he has a lease, and he has paid rent, so housing court likely won't evict him.
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Old 10-11-2013, 08:18 PM
 
Location: Not where I want to be
4,829 posts, read 8,729,541 times
Reputation: 7760
Quote:
Originally Posted by cokatie View Post
He doesn't have a lease. That's in the OP's description of the horror story.

I'd second the suggestion of paying him $10,000 and say some nosy neighbor has threatened to report the unlawful living situation to the DoH.

Read again:
Quote:
We did do a lease just as a formality
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Old 10-11-2013, 08:21 PM
 
Location: Not where I want to be
4,829 posts, read 8,729,541 times
Reputation: 7760
I would approach him and tell him you have to end his lease because 1. the apartment is illegal and 2. the DOH is going to inspect and they will likely be putting the tenant out, anyway. Tell him you'll give him 3 months to vacate and he doesn't have to pay rent so he can save money to move.

GET IT ALL IN WRITING! Move out by ______ in exchange for free rental from _____ to ______. In the event tenant does not vacate premisis by _____, he will be responsible for all rent from _________ to __________ which is $______ per month, totalling $______ that will be immediately due.

^^^^^ Something along those lines. AND BOTH SIGN IN FRONT OF A NOTARY PUBLIC!!!
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Old 10-12-2013, 12:27 PM
 
2 posts, read 4,448 times
Reputation: 10
Thanks everybody for clarifying that yes, I mean to move my own family into the basement and am happy to lose whatever income from this basement by never renting it out ever again. I realize this was a huge mistake.

I love several of the suggestions here. Thanks to everyone.
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Old 10-12-2013, 12:31 PM
 
6,680 posts, read 8,238,729 times
Reputation: 4871
I would kick out the current tenant and then not let anyone live their. It's Illegal!!!! Family or not, things can get ugly and they can get you in big trouble for you allowing them to live there whether you charge rent or not.
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Old 10-12-2013, 07:32 PM
 
25,556 posts, read 23,980,472 times
Reputation: 10120
Quote:
Originally Posted by livingsinglenyc View Post
I would kick out the current tenant and then not let anyone live their. It's Illegal!!!! Family or not, things can get ugly and they can get you in big trouble for you allowing them to live there whether you charge rent or not.
Well, you know, if their family needs a place to stay, why on earth would your own family give you trouble?

I mean, the OP is nice enough to let their family stay in their house. And if its rent free, they'd be STUPID to give or cause trouble that would just make that family member or members go homeless.

Plenty of people let their relatives stay with them, particularly during hard times. There's nothing wrong with the OP doing that.
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Old 10-12-2013, 08:21 PM
 
6,680 posts, read 8,238,729 times
Reputation: 4871
Quote:
Originally Posted by NyWriterdude View Post
Well, you know, if their family needs a place to stay, why on earth would your own family give you trouble?

I mean, the OP is nice enough to let their family stay in their house. And if its rent free, they'd be STUPID to give or cause trouble that would just make that family member or members go homeless.

Plenty of people let their relatives stay with them, particularly during hard times. There's nothing wrong with the OP doing that.
There is a member on the board who is currently having to evict her own mother. Just cause you share blood doesn't mean things can't go bad between the family.

Perhaps make the basement LEGAL and then the family can be living in a safe/legal place. And while doing so have them stay with you on your floor.

All I'm trying to point out to the OP is they made one bad decision which will most likely cost them money. Do they really want to roll the dice and see if another bad situation will happen from someone living in a Illegal basement AGAIN
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