Illegal to rent the Basement but I let forigen student stay for time being as my rooms were all rented

[midnight_thunder]

Congrats on renting out an illegal basement unit. The tenants aren't paying, probably because they learned the law. You have a couple choices:

Option 1: If you wish to evict for non-payment, you could try that, but you are running the risk of them showing up and saying, "yes, I owe rent, but it's an illegal basement unit". Boom, judge orders possession in your favor.....and orders you to pay SIX MONTHS rent TO THE TENANTS as relocation costs. So now not only are you not getting rent money, but you are required to pay THEM a whole lot. Of course, they still owe you unpaid rent, but you'll have to sue in small claims for that.

Option 2: Sending them a Notice to Quit terminating the tenancy on 3 months notice (effective 3 months from now). If they are still around in 3 months, evict them in landlord-tenant, AND pay the six months rent to them.

Option 3: Hopefully these kids aren't too bright, and are actually broke. Offer them their rent money back if they move out in "X" days. On the day they move out, give them the $1,200 back. Trust me, this is the best way to get rid of them. Don't make the same mistake again.

EDIT: Let me stress the benefits of Option 3. So far they have not complained to the town, and you haven't been ticketed. These tickets can cost thousands of dollars, AND you'll have to pay thousands more to the tenant. Just cut your losses and entice them to leave.

[HudsonCoNJ]

I say just change the locks on them. Why start doing things the legal way now?

[Kthnry]

I agree with Mr. Thunder -- pay them to leave.

I'm curious ... what if they were still living upstairs without a lease? Wouldn't they just be roommates? Is there anything illegal about that arrangement? Would there be any issues with initiating an eviction in that situation?

Regrettably, it was a mistake letting them move into the basement. Is it an actual apartment, with a bathroom and a kitchen? Or are they camping out next to the water heater?

[Retriever]

Originally Posted by Kthnry

Is it an actual apartment, with a bathroom and a kitchen?

… and with a direct route for emergency egress, in addition to the door?

[mingus]

Originally Posted by CaptainNJ

basements flood sometimes

Just sayin'

[ottomobeale]

Rent to a Pagan* with even more of an attitude.

(*Pagans Motorcycle Club)
Oh wait...
Lawyer. You are on THIN ice.

[kateskouros]

move out and relocate your family to another house. find new tenants to rent your space in the old place. use funds from old place to fund new dwelling. but listen, and this is really important: do not tell your wife what is going on. she will be really pissed. just tell her you wanted her to have a new place, for a brand new start. please come back and tell us how everything went.

[masterchef1]

They probably feel you are a push over and face it they are just students here until for summer, give them a day to collect there stuff and get out. You may need some muscle to let them know you mean business, face it they are not going to take you to court and I would not bother going the legal route with students here for summer.