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So I know someone in the middle of the following problem:
1. LL has tenant in an illegal basement apartment in 1 of 5 boroughs.
2. LL gave tenant a "Notice to Vacate" email for October 1st. Well in advance of 30 days.
3. LL also have an open "violation for failure to certify correction of class 1 violation exists on this property - DOB civil penalties due" on the nyc.gov site.
4. LL already began running ads for the apartment on various online sites.
My question? Can LL win a holdover eviction? to enforce the Notice to Vacate?
Consider possible tenant positions:
1. Aqcuino v. Ballester. Can tenant file complaint with DOB to prove illegality officially. Then force LL to pay moving fees and return the security deposit?
2. Tenant refuses to leave. Can tenant legally stay without marking their credit report with "eviction"?
Re-posting in this forum since original may not be in proper forum.
Will let mods delete if needed
LL with an illegal unit will be well advised to avoid expecting a Court to assist him managing it.
He'll be far better off (and more likely to regain possession soonest) with a bribe of some sort.
"Cash for Keys" is the polite way of phrasing it.
As the landlord, going to court, the judge won't award any monies owed. They wont just allow squatting, but they'll set another 30 days or whatever so the tenants can find another place to move and give you another month of not being able to rent the place out. Yes, security deposit needs to be returned to the renters. Its an illegal rental, the deposit would be a future monetary gain regardless of any damages.
Judges dont help those without "clean hands" which means they dont help those who knowingly do deceitful and unlawful acts.
LL with an illegal unit will be well advised to avoid expecting a Court to assist him managing it.
He'll be far better off (and more likely to regain possession soonest) with a bribe of some sort.
"Cash for Keys" is the polite way of phrasing it.
Thank you. Wouldn't a trespassing charge hold independent of the legality of the apartment?
Quote:
Originally Posted by MigratingCoconut
MrRational has the best advice. Cash for keys.
As the landlord, going to court, the judge won't award any monies owed. They wont just allow squatting, but they'll set another 30 days or whatever so the tenants can find another place to move and give you another month of not being able to rent the place out. Yes, security deposit needs to be returned to the renters. Its an illegal rental, the deposit would be a future monetary gain regardless of any damages.
Judges dont help those without "clean hands" which means they dont help those who knowingly do deceitful and unlawful acts.
Thank you. If tenant doesn't leave, can't LL just sue tenant for trespassing? Seems like the quickest path to effectively evict tenant.
.....Thank you. If tenant doesn't leave, can't LL just sue tenant for trespassing? Seems like the quickest path to effectively evict tenant.
No, you can't. There are specific legal procedures to get a tenant out. You need to hire a lawyer to get this tenant out because of the code violations. You might very easily be trying to do a retaliatory eviction, which is not allowed by law.
I seriously recommend never ever renting out an illegal unit. It can cause all sorts of legal problems. I know it is tempting because of all the tenants begging for anything: a room, a garage, a basement, a shed. That's well and fine and they are happy for place to live until they aren't happy any more and then they cause legal problems because the landlord has rented them an illegal unit. They "forget" how they couldn't find a place to live and how they were begging for any type of shelter at all.
Wouldn't a trespassing charge hold independent of the legality of the apartment?
Nope... besides which they aren't trespassing.
Quote:
If tenant doesn't leave, can't LL just sue tenant for trespassing?
Seems like the quickest path to effectively evict tenant.
Again.. no. Trespass doesn't apply.
The quickest path to effectively remove an unwanted tenant and by that to regain possession...
is to motivate them to pack up and leave promptly and voluntarily. The best motivator is CASH.
No you can't sue or charge for trespassing. It's their home. Trespassing doesn't work that way. Yet again you have to have "clean hands" people cannot go to the police or a judge and claim trespassing or claim the tenants are doing wrong when they illegally rented out that unit. They weren't supposed to have anyone in there to begin with.
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