Illegal apartment with a problem tenant (apartments, lease, eviction, fees)

[landlordtom]

I have an illegal basement apartment and the DOB keeps leaving notices to call and schedule an appointment to show that no one is living there. The tenant is showing no intention of moving out in order to allow me to make the necessary changes, quoting all of the rules and guidlines for this issue to me and has not paid rent. I believe that it was the tenant that called the DOB in the first place and I want to proceed with an eviction but what are the fines that will be imposed on me if they let the Dept of buildings in? and what are the fines that will be imposed on me when the case goes to housing court and i have to admit that its an illegal apartment? also, how long does it take to get these people out - please keep in mind that i gave them a lease that is still in effect but i think its void because its an illegal apartment - right?

[Dbatiste]

Wow. Sounds like you have a professional. It will take months to evict him. And your right, the lease is void. I am not sure how much you will have to pay in fines. I have heard fines as large as $8,000.

It's crazy, because tenants always think that calling the city will help their case. But sometimes depending on the apartment they can get evicted by the city.

[landlordtom]

first, thanks for the quick response. 8k is just way to much money but I just cant let this tenant get over and I am trying to find out how much this could all potentially cost me if i proceed with the eviction. My guess is that if i proceed with the eviction that they will call the dob and let them in - am i correct in this because someone told me that they wont let them in because it will have a negative impact on them. Also, the fines are so confusing. I just read that the DOB penalty is 1,200 for an occupancy as a dwelling for more than the legally approved number of families and the default penalty is 6k. how do I know which one applies to me if the tenant lets them in? Also, the ecb violation ticket, as per the footnote states that there will be additional daily violations of $1,000 per day? can they fine me a thousand on a daily basis if i am making an attempt to evict the tenant? did you also go through this process?

[Dbatiste]

My old landlord had a young lady and her 2 year old daughter in a cellar apartment with one exit. He is the one that paid $8,000. They were evicted immediately by the city. I am not sure about the city fines. It is very confusing. Maybe it depends on the mood of the inspector?

However, I am told that it depends on the apartment. For example, I would guess an apartment in the cellar is worse than an apartment in the basement. Also, someone on the forum mentioned that it needs to have 2 exits. Renting an apartment in a cellar or basement with only one exit would be dangerous.

Yes, I am going through this right now. I am evicting a tenant in my basement apartment. My lawyer served him with a 30 day notice on Oct. 1st. If he does not leave, we will start the court proceeding after the 30 days is up.

[landlordtom]

thanks for the info. this is a basement apartment with one door as an exit. wouldnt there also be a negative impact to the tenant for letting the DOB into the apartment? how much do you estimate that the lawyer fees will cost you by the time you get them out?

[Dbatiste]

The city may evict the tenant immediately. Sometimes, tenants think they are getting a better deal by calling the city, but that's not always the case. However, considering the danger you may have to pay a bigger fine.

The lawyer is estimated to cost $2,500 and it should take between 4 and 6 months.

[mayorofnyc]

Wow. This is like the 3rd or 4th tenant eviction thread I've read today. What gives??

[Dbatiste]

Actually, I've seen quite a few this month. Maybe it's the economy? Maybe more tenants are realizing they can get away with living free for a few months? ...who knows....

[landlordtom]

people are just vindictive. I treated this tenant really well and they just turned on me. I know that i shouldnt have done this to begin with but i really didnt deserve this.

[NYorker4now]

Originally Posted by landlordtom

Also, the ecb violation ticket, as per the footnote states that there will be additional daily violations of $1,000 per day? can they fine me a thousand on a daily basis if i am making an attempt to evict the tenant?

Yes. Illegal apartments put tenants and rescue workers in danger.