How can i get the tenant out of the basement? (Hope: apartment, lease)

[Xian9855]

I recently rented the basement (that i rent from the landlord)
the tenant that lives there does not want to pay rent and threatten me that
if i take any action he will Mod cut and burn down the house
what should i do? Please help me!!!

[Veve0308]

Wow, I really dont know what to say, that is crazy. You have no choice but to tell the landlord about the tenant and since the tenant does not have a lease since it is rented to you, than you have to get law enforcement envolved to have her removed. Make sure you clarify the threat so it is done when the person does not know. They have no legal right to be there and with a threat of burning the house they'll come in knock the dooor down and get her out immedidately.

[Xian9855]

I'll give it a try, samething 311 told me call 911 have them deal with it since its a threat to everyone else in the house. I mean this guy is nutz!

[Veve0308]

Yes, that is definitely a threat and you want to handle it where he doesnt know law enforcement is coming to get him out, he has no right to the apartment none what so ever no lease no nothing and with a threat of buring a house and killing people I can see how they would respond quickly. The only thing then is your safety though because someone that crazy once they let them lose after forcing them out the apartment you dont know what their intention for you will be. When does your lease end? I would suggest looking for a new residence where this person will never know where you are. Some people are crazy like that, and i hate to see something happens after law enforcement takes care of the issue.

[Cyclops99]

Yea this person sounds crazy. You need to call the police...hopefully they take it seriously.
I think the problem is more complicated that others think though. Just because there is no lease and its probably an illegal basement doesn't mean the cops will come in and put the person on the streets.
I guess OP should contact the police...they should deal with it. Hopefully you wont have to deal with housing court.
Becareful...sounds like a bad situation.

[omigawd]

Your first mistake was renting out something you don't own and have no right to rent out.

Your problem may entail a little more than calling the cops. If this person can prove they've lived there for a certain amount of time (is it 30 days?) they can claim residency and you have to go through housing court to get him out.

The cops can't just come in and put the person out becuase you claim he threatened you. If that were the case, every LL in the world would do that to get rid of unwanted tenants.

Your best bet at this point is to fess up to the LL about what you did and the two of you can work together to get him out. Be prepared, though, because if that apartment is illegal and the LL gets fines, etc, I'm sure he's going to come after YOU for the fine money since YOU rented out the basement illegally and not him. Hope that the LL has never been fined before for the basement because if he has been, the fines are going to be 2 to 3 times as much.

Good luck.

[Cyclops99]

I don't see how the LL can go after the tenant for the possible fines. I mean the LL can try but don't see him getting anything. The LL is not some innocent bystander...the LL ALSO ILLEGALLY rented out a basement apartment to the OP.
Although its possible that the LL will have to dismantle the apartment so OP maybe looking for a new place.

[omigawd]

I interpreted that the OP still lived in the house and was renting the basement portion to the other person. In other words, he was renting 1st floor which included the basement (like many 2 family houses do) and he rented out the basement to the other guy.

OP --- Can you clarify?

[NewYorkBorn]

Definitely an illegal basement apartment which is very prevalent in this city. The landlord will be fined.

If the tenant has threatened to do harm to the property that is a matter that needs to be reported to the police.