Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York > Long Island
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 04-05-2009, 07:58 AM
 
Location: Massapequa, NY
1,056 posts, read 2,140,106 times
Reputation: 58

Advertisements

Quote:
Originally Posted by TVR1997 View Post
Yep. The County will provide you with a list of approved storage companies. My friend went through the eviction process and it is heavily skewed towards the tenant. You are in for a long process. The storage is mandatory so long as the sheriff removes the person on the actual eviction date. It cost my friend $1000 for 30 days. Again it must be on the county approved list. Many times the tenants will move out before this, but if not you have to pay. This is in addition to the lost rent revenue and related court/sheriff costs. You cannot remove the items yourself on the day of the eviction....county protocol is to have the storage company already set up AND paid before the sheriff will enforce the eviction notice. The storage people will show up with the sheriff and they and only they will remove the belongings from the property while the sheriff handles the removal of the persons.

My advice to anyone who has a problem with a tenant is to file the papers with the court as soon as the problem arises. So if the tenant doesnt pay by say the 3rd day of the month..you need to start the eviction process because of the time involved and rent money that will be lost. If you provide utilities, heat, be aware that NOTHING can be cut off even if your tenant does not pay. They can call the cops and they will tell you to turn things back on (I remember telling my friend to simply not pay the electric bill, how can the county force you to pay it). Many tenants run schemes because the law is in their favor and they can live somewhere rent free for 2-3 months.

Many people on the Island learn the hard way because they are renting out part of their primary home and have to deal with the tenant constantly...its a risk of renting in your home.
my brother just went through the same thing and you dont have to hire an outside sourse. you can do it yourself. the county telling you that you have to hire someone is just like the courts telling you that you need a lawyer for a ticket while you can take care of a ticket youself. its the county's way of keeping thier pockets full. dont fall for it. read the fine print on the eviction notice. you can leave it at the curb.
Reply With Quote Quick reply to this message

 
Old 04-05-2009, 08:12 AM
 
655 posts, read 1,060,198 times
Reputation: 717
Quote:
Originally Posted by KENNY GUIDO View Post
my brother just went through the same thing and you dont have to hire an outside sourse. you can do it yourself. the county telling you that you have to hire someone is just like the courts telling you that you need a lawyer for a ticket while you can take care of a ticket youself. its the county's way of keeping thier pockets full. dont fall for it. read the fine print on the eviction notice. you can leave it at the curb.

No you can't. Did you go through the proper legal channels to get the eviction order? Because in order to get to that point, you must prepay/secure 30 days worth of storage for the tenants possessions. It doesn't matter what YOU (the landlord) think you can do with the items, because you have already paid for storage which is a requirement to get the courts to sign off on the eviction notice. Then the sheriff comes to enforce the notice and remove the person but they are STILL entitled to the 30days of storage at the expense of the landlord. I've been through the process and so has a good friend.

But I will say this, even if you did somehow just throw their stuff out on the curb on eviction day how does that help the landlord when he/she has already paid the storage company?

Last edited by TVR1997; 04-05-2009 at 08:22 AM..
Reply With Quote Quick reply to this message
 
Old 04-05-2009, 03:57 PM
 
4,502 posts, read 13,467,971 times
Reputation: 4098
The problem is that many LLs (as we've seen in other threads) think they can do as they wish because it's their house. They don't realize that, once you decide to rent out a portion of your home, that portion is no longer yours and you have to operate within state and local laws.
Reply With Quote Quick reply to this message
 
Old 04-06-2009, 04:59 AM
 
Location: Massapequa, NY
1,056 posts, read 2,140,106 times
Reputation: 58
Quote:
Originally Posted by TVR1997 View Post
No you can't. Did you go through the proper legal channels to get the eviction order? Because in order to get to that point, you must prepay/secure 30 days worth of storage for the tenants possessions. It doesn't matter what YOU (the landlord) think you can do with the items, because you have already paid for storage which is a requirement to get the courts to sign off on the eviction notice. Then the sheriff comes to enforce the notice and remove the person but they are STILL entitled to the 30days of storage at the expense of the landlord. I've been through the process and so has a good friend.

But I will say this, even if you did somehow just throw their stuff out on the curb on eviction day how does that help the landlord when he/she has already paid the storage company?
yes, my brother did. and I even confirmed it with a POLICE OFFICER.

the day of eviction is the last day you have anything to do with the free loader.

let me tell you what the guy kept screaming at us...... "DID YOU SEE THE MOVIE PACIFIC HEIGHTS?"


Thats all I heard from him for 30 days. Now, I own his stereo and dvd player.
Reply With Quote Quick reply to this message
 
Old 04-06-2009, 06:48 AM
 
Location: Massapequa, NY
1,056 posts, read 2,140,106 times
Reputation: 58
Quote:
Originally Posted by KENNY GUIDO View Post
yes, my brother did. and I even confirmed it with a POLICE OFFICER.

the day of eviction is the last day you have anything to do with the free loader.

let me tell you what the guy kept screaming at us...... "DID YOU SEE THE MOVIE PACIFIC HEIGHTS?"


Thats all I heard from him for 30 days. Now, I own his stereo and dvd player.
I must add that we didnt pay a storage or moving company anything. we used our own workers to throw his crap out. the county really has you fooled if you think you have to spend the money to store the guys possesssions for 30 days after he got kicked out of your place. why should you be responible for his crap after he leaves? you really need to talk to the right people.
Reply With Quote Quick reply to this message
 
Old 04-06-2009, 12:44 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,297,505 times
Reputation: 7340
I see there is a lot of disparity on this thread as to what is the legal way to do it. Is the eviction process different for a landlord's tenant and for a bank who has foreclosed on a home? The reason I ask is that several years ago someone I know in Babylon's next door neighbor got foreclosed on and the bank DID NOT put her stuff in storage, but rather put it right out to the curb in front of the house.
Reply With Quote Quick reply to this message
 
Old 04-06-2009, 04:42 PM
 
Location: Massapequa, NY
1,056 posts, read 2,140,106 times
Reputation: 58
Quote:
Originally Posted by I_Love_LI_but View Post
I see there is a lot of disparity on this thread as to what is the legal way to do it. Is the eviction process different for a landlord's tenant and for a bank who has foreclosed on a home? The reason I ask is that several years ago someone I know in Babylon's next door neighbor got foreclosed on and the bank DID NOT put her stuff in storage, but rather put it right out to the curb in front of the house.
I knew a guy (he is pure white trash) from east meadown. his parents house burnt down. he collected the insurance money and began rebuilding. he was 1/2 way finished and decided to buy all types of toys (atv's, motorcycles, etc). the bank soon forclosed on the house. just before he moved out, he took everything that was worth money in the house, including all the copper pipes in it. pure trash.
Reply With Quote Quick reply to this message
 
Old 07-01-2009, 06:51 PM
 
1 posts, read 9,302 times
Reputation: 10
okay quick question i was $400.00 dollars behind in my rent my landlord servered me with a thirty-day notice can she do that. Does she have to give me a 3 day notice to quit. This has never happed to me before i do not know what to do
Reply With Quote Quick reply to this message
 
Old 07-01-2009, 11:49 PM
 
Location: Suffolk County, NY
874 posts, read 2,874,670 times
Reputation: 474
Quote:
Originally Posted by I_Love_LI_but View Post
I see there is a lot of disparity on this thread as to what is the legal way to do it. Is the eviction process different for a landlord's tenant and for a bank who has foreclosed on a home? The reason I ask is that several years ago someone I know in Babylon's next door neighbor got foreclosed on and the bank DID NOT put her stuff in storage, but rather put it right out to the curb in front of the house.
Home foreclosures are completely different than tenant evictions. I was a police officer in Brooklyn and went to landlord/tenant disputes at least once each week. The law is definitely geared towards the tenants. As someone said in an earlier post, you CAN NOT turn off a tenants heat, electric or water if they are not paying the rent. A landlord may actually be arrested for doing so.

A landlord also CAN NOT remove any of the tenant's property unless they have a court order that states they can do so. A landlord can actually be arrested for burglary if they go into the apartment and remove anything without a court order. The court papers will say when the tenant and their belongings have to be out of the apartment. As far as I know once the date stated in the court papers comes if the stuff is still there the landlord can remove it and put it to the curb. In the city the landlord does not actually have to do it anyway; they can have the Marshals do it.

I believe the landlord/tenant laws are the same for Long Island as NYC. I believe they are state laws. There are tenants that make a career of bouncing from apartment to apartment without paying. I do not know how long the landlord/tenant court process takes on Long Island but I do know in NYC it can take a year or more to get someone evicted. The entire time the court case is going on the person is not paying the rent either. It is horrendous. This is one reason I would never rent out my finished basement. This is also one reason a lot of people rent to Section 8. They at least know they will be getting paid each month.

My suggestion to anyone looking to get someone evicted or to someone whom is being evicted is to get proper legal advice from a lawyer concerning this matter. You do not want to get in trouble with the law because you are getting bad advice. Always remember the saying IGNORANCE IS NO EXCUSE IN THE COURT OF LAW.
Reply With Quote Quick reply to this message
 
Old 07-01-2009, 11:55 PM
 
Location: Suffolk County, NY
874 posts, read 2,874,670 times
Reputation: 474
Quote:
Originally Posted by Rgurnell2003 View Post
okay quick question i was $400.00 dollars behind in my rent my landlord servered me with a thirty-day notice can she do that. Does she have to give me a 3 day notice to quit. This has never happed to me before i do not know what to do
I doubt this is legitimate. If it is not a thirty day notice from a court it is probably nonsense. My advice to you would be to call a lawyer. I am sure that for tenants there are some free legal aid phone numbers out there that you can call for legal advice. Try a google search or even try calling the courts and I am sure they will tell you whom you can call for legal advice.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:




Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York > Long Island

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top