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I rentented an illegal basenent and now they won't leave. they came at night time. the stay was supposedly temporary till he finds a place he brought his wife and kid and then she gsve birth to another child.My wife had cancer and i work I didn't have time to take care of it legally and he on saying that he leaving next month after month it has been a while. It is so unsafe that his wife blocked the exit outside with her own stuff God forbid a fire erupt I have 2 girls I cannot get out. I want to to the judge but I am scared he will take his side especially he has 2 kids and I was told he will give them 6 months for free. Is this true. Plz help....
Good luck getting them out of there. Since the apartment is illegal, you can't do a normal eviction in housing court. This is already a long process. But the alternate for illegal apartments is longer, harder, and more expensive. It's likely not a DIY procedure. Get a lawyer, and have him lay it out for you.
I would probably take the following steps.
1. Go to lawyer with rental experience seeking legal advice.
2. Offer to search for basement apartments that are viable option for them to move into.
If I became desperate enough:
3. Offer to pay their first month of rent in the new basement apartment if they leaves (make sure you can get a legal agreement).
Being as you live in close distance from the tenant, you should look to have better communications with them. If they can't solve their problem by themselves, well it just became your problem to solve for them unfortunately. If you wish to motivate them to leave without raising tensions the best way would be to throw money at the situation, while learning your lesson from the experience (so you don't make the same mistake again).
I would prioritize family safety and a peace of mind over money. As by NYC rental laws, this process is going to drag out for a while and who knows how much resentment and hostility you might receive from the tenant if you take additional steps to forcefully kick them out.
In the meantime, can you go and move her stuff away from the exit, or make a path through it.
Better: Forget all the other issues for a moment, and talk to the dad only about the fire safety. Say that these belongings blocking the exit put all of your children at risk. Work together, two men, to move stuff right away so all are safe.
With new pregnancies and births, there's probably all kinds of boxes and junk and not enough space for it, so the wife put it out by the exit. Get up on a ladder and help them put stuff away better in their own closet. Help them carry stuff to a dumpster, if it's no good any more. Do whatever it takes to clear the exit area. Although I'd rather be telling them to do it, if that hasn't worked, then maybe help them do it.
I know that feels backwards, when you really want them to leave. But one thing has nothing to do with the other. Get safe yourself, first. Then deal with everything else.
Last edited by BrightRabbit; 12-28-2014 at 01:27 PM..
If a judge rules your apartment "illegal" they can require that you pay back any rent the tenants gave you plus penalties. You cannot collect rent from an illegal apartment.
If a judge rules your apartment "illegal" they can require that you pay back any rent the tenants gave you plus penalties. You cannot collect rent from an illegal apartment.
Let's hope that's the case here! The "landlord" created his own problem.
not in queens my landlord rented us a 2 bedroom at market value apartment two years later found out the building was illegally converted from 2 apartments to four no permits against zoning and we are out of our security deposit all the rent 1500 a month we paid and he gets away with it only hit with DOB Fines
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