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Old 05-19-2009, 07:01 PM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,345,962 times
Reputation: 21891

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Looks like Anders has given you the best answer here. Kudos to Anders.
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Old 05-19-2009, 07:02 PM
 
11 posts, read 23,253 times
Reputation: 10
yes but this apartment is illegal, thats why I want them out. and I was told that only a judge can evict them date wise which can take time, plus all these back taxes and my father collecting money for the rent from FEMA.
I'm wondering if I should just pay them to move and hope they don't report me to FEMA and the IRS
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Old 05-19-2009, 08:02 PM
 
Location: NYC
304 posts, read 1,304,184 times
Reputation: 212
Quote:
Originally Posted by theresa70 View Post
yes but this apartment is illegal, thats why I want them out. and I was told that only a judge can evict them date wise which can take time, plus all these back taxes and my father collecting money for the rent from FEMA.
I'm wondering if I should just pay them to move and hope they don't report me to FEMA and the IRS
See an attorney.
Again: SEE AN ATTORNEY!

Don't make anxiety-driven decisions based on "I was told," or on "hoping" that a payoff will work and won't complicate things.
Your problem involves several connected issues, and (since the law can be strange) one well-intended goof can blow you out of the water.

This isn't a do-it-yourself job. If an attorney faced these same issues, and wasn't a property expert, he-she wouldn't "wing it": That attorney would _see an attorney_.
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Old 05-20-2009, 02:32 AM
 
106,673 posts, read 108,833,673 times
Reputation: 80164
housing court in new york is extremely landlord un-friendly... i wouldnt do a thing without an attorney who specializes in tenant law... i have loads of horror stories for you as a landlord in nyc for over 20 years ...

the way common sense tells you things should playout and the way housing court plays them out for you are totaly different most of the times
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Old 05-20-2009, 02:38 PM
 
11 posts, read 23,253 times
Reputation: 10
thanks all. I actually saw an landlord-real estate attorney today and he said usually the process will take around 6 months to year before I can get the tenants out because only a judge can tell them to move. plus the fee is $500 to represent me and $1,250 if it goes to court. does this sound right?
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Old 05-20-2009, 03:04 PM
 
7,079 posts, read 37,942,365 times
Reputation: 4088
Quote:
Originally Posted by theresa70 View Post
thanks all. I actually saw an landlord-real estate attorney today and he said usually the process will take around 6 months to year before I can get the tenants out because only a judge can tell them to move. plus the fee is $500 to represent me and $1,250 if it goes to court. does this sound right?
That sounds very reasonable!
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Old 05-20-2009, 04:17 PM
 
11 posts, read 23,253 times
Reputation: 10
I was wondering if it made sense for me the send the DOB to check out the illegal apartment to get the tenants out earlier. does that make sense? will I get a lot of fines? thank you all for your input, I'm definately a lot smarter than I was yesterday
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Old 05-20-2009, 05:17 PM
 
2,312 posts, read 7,526,545 times
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Check with your lawyer on that one.
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Old 05-20-2009, 10:16 PM
 
Location: NYC
304 posts, read 1,304,184 times
Reputation: 212
Quote:
Originally Posted by theresa70 View Post
I was wondering if it made sense for me the send the DOB to check out the illegal apartment to get the tenants out earlier. does that make sense? will I get a lot of fines? thank you all for your input, I'm definately a lot smarter than I was yesterday
That's what your lawyer is for: Ask him.
And don't do anything w/o checking with him first, or you'll defeat the purpose of having a lawyer (and might prolong this thing even further).
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Old 05-21-2009, 08:37 AM
 
151 posts, read 534,942 times
Reputation: 67
Don't worry, just give them 30 days and be as nice as possible. If they ask why you want them out, tell them you have to use it for storage. Once their gone look into legalizing it.
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