Holdover tenant (apartments, lease, eviction)

[lincolnfan22]

Hi,
My tenant in Staten Island, NY has been chronically harassing me for years multiple times per day everyday. I installed security cameras and found out it was her. She is throwing objects all over my property and in front of my house, in my landscaping, in my backyard, and in my driveways. This includes but is not limited to glass, nails, screws, sheetrock, rocks, plastic, cigarette butts, cigarette packaging, candy wrappers, gum, fingernail clippings, the list goes on. I have had multiple flat tires because of this. It has gotten to a point where I fear for my life as well as my family's. Even today, there was glass next to my car. I have tried calling sanitation, the police, I even went to the police station and they wouldn't even take a report. They said "It's one of the disadvantages of being a landlord."She thinks she is above the law and can do whatever she wants. She was served a 30 day notice to vacate on September 29th and was supposed to vacate by November 4th. She is still there. Now the notice of petition she just got today and The court date is Monday and I wanted to know what to expect. It is an illegal apartment (not a basement) It's a 3 family house listed as a 2 family and the tenant has been there 21 years. She is 65 years old on social security and disability. Since this notice was served to her, she has not paid rent for two months and now is living there rent free, has looked at one apartment this whole time (I can hear her talking on the phone saying this because her apartment is below my bedroom), and basically pretty much has no intention of leaving. My lawyer is doing a no reason eviction because he said that's the easiest type, which means her erratic behavior cannot even be brought up in court. My lawyer said he doesn't even want me going to court and that's his job. Idk what will happen and I really don't want her here continuing to harass me. My lawyer does not seem to care about her behavior and is now saying she can be granted adjournments and idk what else. She also smokes in the apartment constantly all day long, which the lease specifically prohibits and changed the locks without my consent and never provided a key.
My questions are :
1) How long will the rest of this process take and what is each step?
2) What can be done so that she does not continue harassing me and acting erratically with the glass, etc.?
3) Any advice or suggestions will be highly appreciated and recommended.

[latent123]

tenants with disability, age of 62 or above, or family w. tons of kids would take longer time to evict the tenant


judge would give considerable amount of time if the tenant requests for it like an extra 2 months to find an apt

that is outside the normally 6-8 months eviction period
since she is old and disability , you may end up 11 months or more

another thing is it depends how smart the tenants are like does she know the rule well
like she can make a complaint about leaking, floor uneven, lead paint, window guard, bathroom mold, etc
then you will have to repair everything before they start to pay you rent
and then she said she is fine with non-payment and awaiting to get evicted
basically, she is delay your time to evict her
since the judge wont evict her or request her to pay the rent unless you , the landlord starts to make repair first


the last step is you have to pay an extra money for marshall if she is not moving out by the eviction notice day
marshall is granted the right from the city to evict the tenants physically
now , you may have to pay the deposit to store her belongings somewhere at that point

seriously, u got a lawyer , ask your lawyer next time

and a lot of court date ended up dismissal , either you went, the judge is not available
or you went , the tenants is not available
remember, tenants will need to have 3 summons before quits
basically, the third time the tenant doesnt come to court , u will win
so most tenants would come the last summon , but the first and second summon
this is what smart tenant will do to delay your time to evict her
each summon is like 2 weeks away from the next ones

if the tenant is single, not disability, below the age of 62 ( the younger the tenants, the better it will be ), the process is faster

judge is always side with the tenants because otherwise it would be tons of homeless people in the shelter or street

judge gets his or her salary from the city

and the city is actually fund the money for department of homeless and shelter

[Astorian31]

I'm sorry, you're going to have to live with your tenant for the rest of her life. It will take you years to evict her if she's elderly. Thanks to people like Keifer King, who believes all tenants are saints, the odds of winning in court are slim to none. These people don't care that your life may be in danger, and that YOUR property and quality of life are being destroyed. All they see are greedy landlords and saintly tenants.

The quickest way you can get rid of your tenant is to sell your home and move. Of course, since the new owner would be inheriting your tenant, you're going to have to sell at a loss or no one will buy your home. That's really the quickest recourse you have. Otherwise, you can stick it out with your lawyer and if you're lucky, you'll have your apartment back in an year. Just don't expect to ever recover the lost rent.

[lincolnfan22]

It is not a non-payment case. It is an illegal apartment and it is a holdover case. The apartment is illegal because my house is listed as a 2 family and she is the third unit. My understanding is that when it goes to court on Monday they will grant a judgment of eviction (which takes 4-6 weeks to issue) and then another 2 weeks for the warrant of eviction and then the marshall gets scheduled within 72 hours (5 business days). This would mean she would be out by the end of January, right? I mean I hope it's a lot sooner. If she asks for an adjournment, that would delay the proceedings about a month the latest, is that correct? Which cannot happen more than 3 times. After 3 adjournments, there is nothing else to do but to proceed with the judgment and warrant. It is an illegal apartment so I don't think they will make her pay rent for the time that she is here. Which at this point, I don't care that much about the money. I just want her out. I mean I don't wanna run a homeless shelter but I would rather she just leaves rather than stay here longer and pay me money. I don't want her money I just want her out of my house she is a nightmare! Btw, I worked hard all my life to afford the house that I am in now. I fixed everything up just the way I want it, I'm the original owner, and my house is perfect except for her. I will be damned if some low-life scum as important as the dirt on the bottom of my shoe is going to chase me out of my home! This is my home, not hers and she needs to get the hell out. How dare her even take it this far. I can't believe she would even go to court without a lawyer.

[allpro123]

Originally Posted by latent123

judge is always side with the tenants because otherwise it would be tons of homeless people in the shelter or street

judge gets his or her salary from the city

and the city is actually fund the money for department of homeless and shelter

To add to that. Many of the housing judges have inspirations for higher office. If a judges appears to be very tough on tenants (even though they might deserve it), then their ruling can be used against them.

It's one big sham.

[Harlem resident]

Why do you have a tenant in an illegal apartment ?

[jayden22]

Sorry sounds like she won't be going anywhere anytime soon

[lincolnfan22]

It was my father's house and he is the one who rented to her in an illegal apartment, not me. I know that is not an excuse, but I am not the one who actually rented it to her. I never would have because the unit was illegal

[bluedog2]

Illegal apartments seem to always turn into nightmares. Why do people do it?

[Harlem resident]

Originally Posted by bluedog2

Illegal apartments seem to always turn into nightmares. Why do people do it?

$$$$$$$$$

Which is very likely why the tenant was kept on.