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I am renting an illegal basement to someone at the moment and would like to legalize. The tenant and I agreed that he would pay half of the rent he originally paid so that he can save up to find a new place. He has not paid in two months now. I recently told him that he would have either have to vacate soon or live without a shower or a stove so that the basement may be legalized. He is now threatening to take me to court because I am giving him one month to move out.
Is there anything that he can do to me? He claims that the court will make me pay him for all the rent he paid because it was illegal.
He may claim that, but I bet he'd have a hell of a time trying to make that charge stick. Particularly if you demonstrated to the court that you were doing those upgrades.
He won't get back any of the rent he already paid since it was paid voluntarily. However, he is not obligated to give you a penny from here on out since the apartment is illegal.
Right now, you're in a very bad situation. He can call the city on you and you will be fined a lot of money (a couple of thousand) for the illegal apartment.
Talk to him again. If he refuses to work with you on this, then start eviction proceedings.When you go to court and he starts screaming about it being an illegal apartment, tell the judge you're aware of that and you were trying to work with him by charging him 1/2 rent so he could save money to move. Also tell them you wanted him to move so you could legalize the apartment or remove the apartment altogether because you didn't want to have an illegal apartment.
You won't get any back rent from him. It's highly unlikely the court will report you to the city. You can sue for possession of the apartment (eviction of the tenant) and you will win.
I am renting an illegal basement to someone at the moment and would like to legalize. The tenant and I agreed that he would pay half of the rent he originally paid so that he can save up to find a new place. He has not paid in two months now. I recently told him that he would have either have to vacate soon or live without a shower or a stove so that the basement may be legalized. He is now threatening to take me to court because I am giving him one month to move out.
Is there anything that he can do to me? He claims that the court will make me pay him for all the rent he paid because it was illegal.
Because this tenant knows the apartment is illegal he will take you through the ringer.
Serve him with a 30 days notice on the first of the month. This is the only way to evict a tenant from an illegal apartment. You can not ask him for money nor can you take him to court for rent owed.
I believe he will call the city just to make things difficult. If he does, be prepared to pay a fine. The fine amount varies.
Also, he can not sue you for rent money already paid. However, be prepared for a bumpy ride.
why are you renting an illegal apartment is the first question. second, there are no winners here. if this proceeds to legal action, your tenant will be evicted, and you will issued violations and fined. its like going to the police and reporting that your marijuana was stolen. you were in the wrong, and so is your tenant. case closed.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Hi Puglies,
All of the caveats about a legal fight and fines are true and inevitable. I just want to encourage you to not cut off your tenant's water and gas stove. It is a provocative act that might result in him doing really destructive things to your property. Hold off on the upgrades until the tenant has vacated and try to be philosophical about it; you've been receiving illegal income for awhile now and this is the price you are going to have to pay.
File for eviction of these non paying scums of society. Most likely the judge will give them some time to get out, maximum 6 months. MAKE SURE AS SOON AS YOU AGREE TO A STIPULATION TO ALLOW THEM SOME TIME TO GET OUT, very next day YOU GO AND HIRE A NYC MARSHALL (THEY COST TOTAL $200 TO REMOVE THE SCUM OUT OF YOUR PLACE). IF YOU DON'T HIRE A MARSHALL TILL THE END OF THEIR GRANTED TERM THEY WILL ASK FOR MORE TIME BY FILING order to show cause.
Scenario: Prior to marriage wife rented upstairs and illegal downstairs apartment. Downstairs girlfriend moved out and kid could no longer pay rent. His parents started threatening her/wife to keep kid there indefinitely. Upstairs tenants, always late is having their 4th child and can no longer afford to pay rent they are collaborating with basement and said take us to court. Hired attorney. How long can these people stay here after eviction notice is served. At this point we just want to sell house and move.
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