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Background: Currently no C.O on the building.
adjacent building of the same structure has C.O for 2 family.
Has no lease, and refuse to sign one.
Currently we are having problems with the 3rd floor tenet. The tenet was already living there when we purchased the apartment building. Ten years ago, we tried to sue him for non-payment. His defense was that we are renting out the basement, therefore making the whole building illegal. Our lawyer advised us not to pursue. After that he pays every 3 months for rent, and ignores us when we tried to raise the rent. Rent is $1750 now, the adjacent building with the same room and bathroom are renting for $2200. Recently the DMV has contacted us regarding a forged document. Apparently, the tenant borrow the lease from the adjacent building, forged the signature and apply for stuff in the DMV.
We contacted another lawyer and they advised us to use this as an excuse to evict the tenant. Last week at the housing court the judge refused to listen to anything we say, after the tenant told them it was illegal. Now the tenant stopped paying rent, and refused to take our phone calls.
Background: Currently no C.O on the building.
adjacent building of the same structure has C.O for 2 family.
Has no lease, and refuse to sign one.
Currently we are having problems with the 3rd floor tenet. The tenet was already living there when we purchased the apartment building. Ten years ago, we tried to sue him for non-payment. His defense was that we are renting out the basement, therefore making the whole building illegal. Our lawyer advised us not to pursue. After that he pays every 3 months for rent, and ignores us when we tried to raise the rent. Rent is $1750 now, the adjacent building with the same room and bathroom are renting for $2200. Recently the DMV has contacted us regarding a forged document. Apparently, the tenant borrow the lease from the adjacent building, forged the signature and apply for stuff in the DMV.
We contacted another lawyer and they advised us to use this as an excuse to evict the tenant. Last week at the housing court the judge refused to listen to anything we say, after the tenant told them it was illegal. Now the tenant stopped paying rent, and refused to take our phone calls.
Any advise or options here?
currently no CO on the building???? How can you have people living there then. How can you raise the rent when you have no lease? What are you going to use in court to prove he isn't paying rent??? Have you served him with demand to pay or anything/?
currently no CO on the building???? How can you have people living there then. How can you raise the rent when you have no lease? What are you going to use in court to prove he isn't paying rent??? Have you served him with demand to pay or anything/?
We went to the building department. They said we would have to go back tomorrow for them to do the research, because it didnt appear on the website.
I don't understand why this has been going on for over 10 years and how the building was sold without any searches being done to look for CO's. My closing was held up for over 2 months while they searched CO's on the house and found a CO wasn't filed on the garage. How did you get to buy an entire building without CO's on file?
It is a document that is needed in order for it to be legal to live there.
Also, I would never have even touched a place with a tenant already living there. Just because you buy the place doesn't give you the right to throw them out.
I would NEVER buy a place to live and be forced to live with someone not of my choosing. That's called RENTING.
There are too many available options on the market now to get stuck with some deadbeat tenant living in an illegal basement apartment.
I am afraid, sir, you created this bad situation by your bad decisions.
FYI most of the older buildings in NYC, prior to 1930 I believe, typically do not have a COO, but that does not mean they are illegal apartments. I just purchased a 2 family property with no COO. All I have to do is apply for a COO, and the building inspector comes out to confirm it is in fact a 2 family by:
-Checking how many electric and gas meters there are. If it is a 2 family it should have a minimum of 2 meters for each.
-Judging whether the original layouts have been maintained. I.e. are there new partitions which do not appear original to the structure creating an illegal apt/subdivision?
If all appears OK based on the judgement of the inspector, you file the paperwork and get the COO..it's that simple. However if you are renting an illegal basement apt, you are creating headaches for yourself, and this tenant knows what he/she is doing. I would pursue the eviction and get them out even if it means they don't pay rent for a year. You should do whatever it takes to get them out regardless.
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