Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
To the OP, I suggest you call you call the New York County or your local bar association and ask them to reccommend an experienced L&T attorney.
If you want the tenants out quickly have the attorney negotiate.
Otherwise, you'll have to go to court, and you'll wind up paying the tenants anyway. The court will find that the tenants are entitled/to the return of the security deposit, moving expenses, along with any damages they've incurred as a result of the illegal rental. Probably all or part of the rent you've collected, which legally you are not entitled to.
You do have to come to terms with the reality that You are the bad guy, not the tenants! YOU created and rented the illegal apartment!!!
Now you have to pay for your actions. A negotiated settlement, out of court, is your best option.
To the OP, I suggest you call you call the New York County or your local bar association and ask them to reccommend an experienced L&T attorney.
If you want the tenants out quickly have the attorney negotiate.
Otherwise, you'll have to go to court, and you'll wind up paying the tenants anyway. The court will find that the tenants are entitled/to the return of the security deposit, moving expenses, along with any damages they've incurred as a result of the illegal rental. Probably all or part of the rent you've collected, which legally you are not entitled to.
You do have to come to terms with the reality that You are the bad guy, not the tenants! YOU created and rented the illegal apartment!!!
Now you have to pay for your actions. A negotiated settlement, out of court, is your best option.
Also, be advised you are on the hook to pay your tenants relocation fees.
FYI I just bought a 3-family, with a "cellar" (2 modes of egress, windows on two sides, high ceilings). Its a extremely tempting opportunity to create an illegal apartment. If the cellar were just a bout two feet higher, it could conceivably be converted into a legal unit. FYI I'm also currently taking the HPD property managment course, which has completely squashed any urge I had to try my luck at being an illegal landlord. As other posters have pointed out here - why risk it? Ignorance is not an excuse, so if you break the law you have brought the consequences on yourself. I highly recommend that landlords learn the law, and follow it. Life will be much easier.
I recently found out my apartment is an illegal conversion (former attic) now the landlord has come in while i was at work and removed the entire kitchen for the appraiser what recourse do I have
I recently found out my apartment is an illegal conversion (former attic) now the landlord has come in while i was at work and removed the entire kitchen for the appraiser what recourse do I have
He has no right to do that. I'd call the police or at the least extract a promise to restore it to the original condition post haste. Does not matter that it was legal or not you are entitled to due process.
Landlord and tenant licensee dispute. Any advice appreciated
I own a house and took a tenant(licensee) to court to get her evicted. There is no lease and a settlement agreement was worked out that this party will leave within 60 days. I have an order of stipulation signed by all parties including the judge in this regard. However, last week this person moved about 90% of her stuff out of the room and left without returning my key. My neighbor observed her moving and asked her if he was moving. She didnt respond but did say she couldnt give my neighbor my key just yet because she had to come back and get the remainder of her stuff. I assumed she had moved out and made other arrangments for using the room. Now, she returned yesterday and moved all her crap back in my house while I wasnt there. Can I go to court and get her out now? Didnt she void the stipulation of agreement by her actions last week? Can I request an order to show cause from the court? My neighbor is willing to sign a sworn affidavit as to what happened one week ago. NYC
I don't see where she voided the stip.? She can fill the room with horse manure if she wants. I presume you have a warrant for eviction stayed. What does your neighbor have to do with it? Patience grasshopper.
I believe she voided the stip by her action of moving most of her property last week. My neighbor witnessed this and conversed with her in which she confirmed she was moving.
I believe she voided the stip by her action of moving most of her property last week. My neighbor witnessed this and conversed with her in which she confirmed she was moving.
Not really. Her "moving" is her business and how she does it or doesn't do it does not alter the agreement you've made. Regardless of what she appears to be doing (moving out, moving in) she can occupy the room for 60 days. Her only obligation under the stipulation is to surrender the premises on the 60th day. She could move everything out tonight and still not be legally obligated to give up the apartment until the sheriff shows up.
I own a house and took a tenant(licensee) to court to get her evicted. There is no lease and a settlement agreement was worked out that this party will leave within 60 days. I have an order of stipulation signed by all parties including the judge in this regard. However, last week this person moved about 90% of her stuff out of the room and left without returning my key. My neighbor observed her moving and asked her if he was moving. She didnt respond but did say she couldnt give my neighbor my key just yet because she had to come back and get the remainder of her stuff. I assumed she had moved out and made other arrangments for using the room. Now, she returned yesterday and moved all her crap back in my house while I wasnt there. Can I go to court and get her out now? Didnt she void the stipulation of agreement by her actions last week? Can I request an order to show cause from the court? My neighbor is willing to sign a sworn affidavit as to what happened one week ago. NYC
tHANK YOU
No.
The key facts (no pun intended) is the key. She didn't return the key, and 10% of her stuff remained. So, she hasn't moved.
From the simple facts you've provided the sipulation is only breached if the tenant hasn't moved within the agreed period. Curious, how many days are left?
In the stipulation what does it state as to the procedure and/or consequences if the tenant doesn't move?
You said "signed" by the judge. Did the judge make the stipulation an Order?
An Order to Show Cause for what? Don't throw around terms unless you know what you are talking about. Usually, such an Order is requested along with a Stay, in order to temporarily stpo some action, like an eviction. The action is then reviewed as to its legality. In an eviction, whether the Warrant issued is legal; whether procedures were followed, etc. The most common reason tenants claim is that they weren't served properly.
This is easily refuted, given Service was, indeed, effected properly. The problem is there are often srew ups, process servers sometimes lie, LlS sometimes lie, etc.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Landlord and tenant licensee dispute. Any advice appreciated
Reply
