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Old 09-22-2009, 09:08 PM
 
24 posts, read 64,650 times
Reputation: 12

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Dbatiste,
Are you in NYC? I am in Queens NYC. My attorney told that the tenant can ask about 6 months to move out. I like to hear all your problems. Though my tenant clearly know that it is an illegal apartment he may tell to the judge that he was not aware of it. What I can do? Please share all your experiences..
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Old 09-23-2009, 04:43 AM
 
Location: Out of this world
278 posts, read 1,519,897 times
Reputation: 169
Quote:
Originally Posted by pooraniba View Post
Dbatiste,
Are you in NYC? I am in Queens NYC. My attorney told that the tenant can ask about 6 months to move out. I like to hear all your problems. Though my tenant clearly know that it is an illegal apartment he may tell to the judge that he was not aware of it. What I can do? Please share all your experiences..

I wonder if you can tape record him admitting he knew it was an illegal apartment? I heard you can record a conversation as long as it is not on the phone or between you and that person. Not sure though. I know it sounds a little desperate. I would think his past evictions would be useful in court. Can you afford to pay the tenant to move?
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Old 09-23-2009, 01:01 PM
 
24 posts, read 64,650 times
Reputation: 12
Dbatiste,

I am ready to pay a certain amount to the tenant. But now the situation is he never open the door for me and never attend my call. I think recording a conversation is illegal. Any idea please....
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Old 09-23-2009, 03:23 PM
 
Location: Out of this world
278 posts, read 1,519,897 times
Reputation: 169
Wow! Sounds like you have a "professional". I really hope you can settle out of court or get him evicted really fast. I never offered money for a tenant to leave and I cant imagine what would be the correct amount. I do know someone who offered a tenant $1,000 to leave. The tenant got the check the day she moved out. I guess it depends on how much you can afford? or how much he wants?
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Old 09-23-2009, 05:33 PM
 
28,115 posts, read 63,659,938 times
Reputation: 23268
Quote:
Originally Posted by Dbatiste View Post
Wow! Sounds like you have a "professional". I really hope you can settle out of court or get him evicted really fast. I never offered money for a tenant to leave and I cant imagine what would be the correct amount. I do know someone who offered a tenant $1,000 to leave. The tenant got the check the day she moved out. I guess it depends on how much you can afford? or how much he wants?
I had a situation where my long term tenant passed away after a fight with cancer... it was a 3 bedroom home and some of the "Relatives" moved in to care for her...

I offered the estate a full deposit return in exchange for vacating... the daughter said yes but they didn't have the money for a U-haul truck...

I went with her and paid the U-Haul $60 cash and they were out at the end of the day... willingly with not hard feelings...
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Old 09-23-2009, 05:35 PM
 
Location: southern california
61,288 posts, read 87,405,055 times
Reputation: 55562
it is unlikely that the tenant did not know it was an illegal apt. what the court does with that issue is another matter.
the real matter is that the judge does not favor owners that do illegal stuff, he will be against the owner for this reason.
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Old 10-25-2009, 10:24 PM
 
1 posts, read 4,290 times
Reputation: 10
in Calif. anyone can sue...but whether tenant knew it was legal or not. he rented a roof over his head..be a garage or treehouse with bath and lights or whatever, he accepted regardless of what you knew.. I'm not an attorney. I say you gave him what he was agreeing to pay for legal or not.
I agree to that he owes and should pay rent...and you do not owe him anything..
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Old 10-27-2009, 07:13 AM
 
Location: Clermont Fl
1,715 posts, read 4,777,191 times
Reputation: 1246
Quote:
Originally Posted by Dbatiste View Post
Wow! Sounds like you have a "professional". I really hope you can settle out of court or get him evicted really fast. I never offered money for a tenant to leave and I cant imagine what would be the correct amount. I do know someone who offered a tenant $1,000 to leave. The tenant got the check the day she moved out. I guess it depends on how much you can afford? or how much he wants?
Paying someone to steel from you is a bad idea in my world but I can get you out in 2-3 weeks 6 months like in NYC that’s crazy.
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Old 10-27-2009, 11:07 AM
 
Location: Out of this world
278 posts, read 1,519,897 times
Reputation: 169
Quote:
Originally Posted by tworent View Post
Paying someone to steel from you is a bad idea in my world but I can get you out in 2-3 weeks 6 months like in NYC that’s crazy.

Yes, I agree paying someone is a bad idea. However, it's better than the court system allowing them to live there rent free for 6 months.

NYC laws are pro-tenant. It's unfortunate because it could potentially cause a landlord to go into foreclosure. As if we didn't have enough short sales on the market already. Most of the landlords I know depend heavily on rent payments and are currently struggling to heat and maintain their buildings.

In what state does it take less than a month to evict a tenant? I need to buy houses there
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Old 10-27-2009, 02:56 PM
 
Location: Boise, ID
8,046 posts, read 28,472,904 times
Reputation: 9470
Quote:
Originally Posted by Dbatiste View Post
In what state does it take less than a month to evict a tenant? I need to buy houses there
Idaho is less than a month.

If rent is due on the 1st, you can file a 3 day notice to pay or quit on the 2nd if rent isn't paid.

On the 5th (or 3 business days after filing), you can file in the courts for a "speedy eviction" between 5 and 12 days out, if you aren't asking for money (you can still file in small claims against them later). So call that now between the 10th and 20th. If the judge grants in your favor, which they usually do, then the sheriff will go out within a couple of days.

We've had some times we've been as little as 3 weeks total from filing to sheriff. Best case, I could see it happening in as little as 2 weeks if the courts are slow.
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