Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. That being said, if you are a landlord and want to evict a tenant but not sure because you have someone living in an illegal basement, the answer is that you can.
Free Lawyers for Tenants (Universal Access to Legal Services) Under the law, some tenants in New York City, no matter their zip code or immigration status, can get a free lawyer from start to finish in their New York City Housing Court case. This depends on 2 things: Your income and how many people live with you
Technically, the tenant does not have to pay rent if basement is illegal. I strongly suggest that you hire an attorney.
Your renovated basement may be "code" but may create an issue with the... Yes you can evict the tenant. However, I strongly urge you to seek the advice and/or assistance of an attorney to discuss your options. Yes. You must commence an eviction proceeding.
Basements and cellars in residential properties of all sizes can NEVER be lawfully rented or occupied unless the conditions meet the minimum requirements for light, air, sanitation and egress, and have received approval by the Department of Buildings (DOB).
As NYC cleans up from Ida, landlords won't be fined for illegal basement apartments. Landlords will not be fined for operating illegal basement apartments in Ida-affected areas for the rest of the year, Mayor Bill de Blasio said Wednesday.
How to Evict a Tenant in NYC With No LeaseYou must give a 30-Day Notice The tenant must either a). ... The notice must be provided in writing (i.e. Notice to Quit).You must let the tenant know they can contest the eviction in housing court.You must make three "good faith" efforts to hand-deliver the notice.
You must give the court clerk a warrant of eviction to be signed. After, you must hire and pay a marshal, sheriff, or constable to deliver a notice of eviction to the tenant. The notice of eviction tells the tenant that they have seventy-two hours to leave before they will be forcibly removed from the unit.
Call 911 to report:A hazardous or dangerous condition.Illegal activity in progress.
What Is The Difference Between A Legal Suite And An Illegal Suite? A legal suite is when the secondary suite or garden suite adheres to zoning bylaws, meets BC building codes, and has all of the building, electrical, and plumbing permits in place.
What can I do if a tenant refuses to move out? If the tenant does not comply with the legal grounds and refuses to move out, an eviction procedure could be started. Valid grounds for moving the court for eviction are the failure to pay rent and refusal to move outpost the end of lease period.
If your landlord wants to end your periodic tenancy, they usually have to give you 90 days' notice. In some cases, your landlord only has to give you 42 days' notice. They will need to tell you the reason why they're giving you less notice though.
5 Steps Landlords Can Take Against Non-Paying Tenants#1 - Have a conversation with your tenant.#2 - Inform tenants of contract breach.#3 - Decide whether tenants must be issued with an interdict or a cancellation.#4 - Eviction.#5 - Issuing the eviction notice.
The Sheriff's Office handles evictions that involve the enforcement of a court order or warrant. The fee for performing an eviction is $140.
Depending on how desperate your situation is, you can try one or several of our ways to make a bad tenant leave.About Eviction. The lengthiest and costliest method to get rid of an unwanted tenant is eviction. ... Raise the Rent. ... Negotiate. ... Ask Them to Leave. ... Be Kind & Proactive. ... Offer Them Cash to Leave.
No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.
The Judge will decide if the eviction will be stopped or not. In a nonpayment case, if the tenant pays the full amount of the rent due to the court before the Marshal does the eviction, the Court must cancel the warrant.
If the tenant wins, the case is over and you can’t evict the tenant. Sometimes, the case is dismissed, but you can start it again. This is called a dismissal without prejudice. For example, if you did not give the tenant enough days in a notice, the court can dismiss the case, but you can give the tenant a new notice and then start a new case.
After you get a judgment, you must give the Court Clerk a warrant of eviction. If you use the DIY Form program for a nonpayment case, licensee holdover, or squatter holdover, the program will make the judgment and warrant for you. For other cases, visit Court Forms or use the Court locator box to call the Court to see where to get a form.
If this happens, you will get a new court date. When you come to Court you may settle the case, the tenant may not show up (default), or you may go to trial. You will be able to evict a tenant after any of these if you have a judgment.
The tenant has the right to ask the Court to postpone the case for at least 14 days if the tenant is not ready for court. This is called an adjournment. If this happens, you will get a new court date.
The eviction must take place on a business day, during the day. The tenant can ask the court to stop the eviction by making an Order to Show Cause. If this happens, you will have to go back to court to fight this. The Judge will decide if the eviction will be stopped or not.
The Marshal, Sheriff or Constable will deliver a Notice of Eviction to the tenant. This tells the tenants that unless they move within 14 days, the Marshal will evict them. If the tenant owns a manufactured home in a mobile home park, the tenant will get more notice before having to move.
Dear I just want to know? Perhaps I might suggest an answer. Your renovated basement may be "code" but may create an issue with the...
Yes you can evict the tenant. However, I strongly urge you to seek the advice and/or assistance of an attorney to discuss your options.
Yes. You must commence an eviction proceeding. Technically, the tenant does not have to pay rent if basement is illegal. I strongly suggest that you hire an attorney.
Whether you get a free lawyer depends on your income and how many people live with you. You can get a free lawyer if your yearly household income is less than the amount in the chart below.
Tenants with Holdover cases and Nonpayment cases get a free lawyer. Your court papers say the type of case. A nonpayment case is what an owner starts to collect rent. A holdover case is what an owner starts to evict a tenant for a different reason than nonpayment of rent. Learn more about Holdover and Nonpayment cases.
If you qualify for a free lawyer, visit About the Universal Access to Legal Services Law to find out how to get a free lawyer and what services you can get.
One of the easiest ways to determine if a basement (or any space, for that matter) is illegal is to look at the Certificate of Occupancy (“C of O”) for that building. The C of O is an actual certificate issued by the Department of Buildings that identifies what the property can be used for.
For whatever reason, the tenant was served with a thirty day notice to vacate the premises. The tenant doesn’t move, so is then served with court papers – a Notice of Petition and Petition for Holdover.
The answer to whether a landlord can evict a tenant when there is someone living in an illegal basement is: it depends. The rule is as follows: a landlord may bring a holdover action to evict a tenant, even if there is someone living in an illegal basement. The exception to this is very narrow: “the owner of an unregistered multiple dwelling may ...
As a result, the second floor tenant has been living in the apartment as a month to month tenant. Let’s also not forget an important fact in our example: there is someone living in an illegal basement. The Landlord Wants to Evict Me.
Many two family houses in Queens have a C of O that states the first and second floors may be used for one family dwelling purposes, and the basement or cellar may be used for storage or accessory use. In this case, since the basement is not designed for dwelling purposes, it may not be rented.
What this means is that a landlord can bring a holdover case to evict a tenant, even if there is someone living in an illegal basement, but may not in that holdover case seek an award of money damages, such as for “unpaid rent” or “use and occupancy .”.
Timeline. Evicting a tenant in New York can take around 1 – 5 months depending on the reason for the eviction. If tenants request an adjournment, the process can take longer ( read more ).
The tenant must respond to the petition within 10 days. A hearing will be set for 3-8 days after the response is received by the court. If there’s no response, the court may rule for the landlord. However, a tenant can pay rent in full any time prior to a hearing and the eviction will be stopped.
The stay can be no longer than one year . To cure a breach – if the eviction was for violation of the lease; the stay can be no longer than 30 days . If, at the end of the 30 day stay, the breach has been corrected, the tenant may remain in the rental unit and will not be evicted. 14 days.
In the state of New York, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
The notice of petition and petition for eviction must be served on the tenant by anyone who is not part of the case 10-17 days prior to the hearing.
Eviction Process for Nonpayment of Rent. A New York landlord is allowed to evict a tenant for failing to pay rent on time. According to New York law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement. Once rent is past due, the landlord must provide a 14-Day Notice to Pay if ...
Illegal Activity – Notice is not required to evict tenants who are engaged in illegal activity. NOTES. Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property.
If a lease agreement exists, then according to New York law ( NY Real Property Law Sec. 220-238A ), tenants have certain rights, such as the right to a habitable dwelling, protection from illegal retaliation, and more.
If they do not, then New York tenants have the right to take at least two forms of alternative action. They can withhold rent entirely or they can make the repairs themselves and deduct the cost from future rental payments.
In New York, landlords must provide a habitable dwelling for tenants and must respond to repair requests in a “reasonable” timeframe, although “reasonable” is not defined by law. If they do not, then New York tenants have the right to take at least two forms of alternative action.
If the tenant does not vacate the property, then the landlord may begin formal eviction proceedings. Illegal acts – New York landlords have broad authority to determine which illegal activities warrant eviction.
If the issue is not fixed within 10 days, then the landlord can issue a further 30-Day Notice to Quit. If the tenant does not vacate the property, then the landlord may begin formal eviction proceedings. Illegal acts – New York landlords have broad ...
At-will tenants are entitled to receive at least 30 days’, 60 days’, and 90 days’ notice, depending on if they have rented for less than a year, between 1-2 years, and greater than 2 years, respectively.
New York small claims court will hear rent-related disputes valued up to $5,000 unless they are filed in a town or village court, in which case the limit is $3,000. Eviction cases are not handled by the small claims court system. More info on the state’s court system can be found here.
If the tenant does not return the keys to the landlord (or their attorney) and state in writing that they are surrendering possession, then they are still considered a legal tenant and the original lease will still control the landlord-tenant relationship.
The landlord in such a case could be liable for an illegal eviction, as well as the cost of replacing the disposed-of property.
This means service of a Notice of Petition and Petition of Eviction, obtain ing a warrant of eviction in Court, and then having the City Marshal or Sheriff serve and execute the warrant. This will give the landlord legal possession and allow the landlord to dispose of the personal property left behind by the tenant.
In certain situations, such as commercial property, the landlord may be required to store any equipment and machinery left behind by the tenant for a period of up to thirty days after a formal eviction.
Many tenants after being served will simply leave the premises in the period after service and prior to being formally evicted by a Marshal or Sheriff. In such situations, our firm advises that the eviction proceed, even if the tenant has moved out.
However, in a residential setting, such a situation is not always cut and dried. If there is no formal document, executed by both parties, terminating the lease, then the lease between the parties may still control the situation.
Landlords should consult counsel in such situations. Of course, it is better to negotiate a surrender of lease with all parties agreeing to end the lease prior to its term. However, this is not always possible. If the tenant does not surrender the keys and agree in writing to end the lease, we advise that the eviction proceed to avoid any legal ...
Rent in New York is considered late a day past its due date. The lease/rental agreement may state a longer grace period.
The eviction process can only begin after the issuance of the written notice. The landlord must have allowed enough time to pass before beginning to file for eviction.
A copy of the Notice of Petition and Petition is served to the tenant. It must be served 10-17 days before the hearing.
The landlord has to provide a strong argument backed up by solid evidence against the tenant. If the landlord fails to show up to the hearing, the entire case is thrown out.
Provided that the tenant does not appeal for reconsideration—which is a long and complicated process in the state of New York—a Writ of Execution is issued a few hours to a few days after the hearing.
If the tenant disagrees with the eviction request and they reply to the court, it’s important that you keep extremely good records of everything so you can provide proof to the judge and win your case. This part can make or break your entire eviction request in the event of a dispute.
No. A landlord could be sued for forceful eviction of a tenant if they skip the proper eviction processes.
Lease agreements work to establish certain rules and regulations that both landlords and tenants should follow to have a good relationship throughout the lease term.
Landlord-tenant laws can vary from state to state, but there are some general ground rules that New York landlords and tenants have to follow throughout the duration of a lease.
If the leased property does not qualify for the "Rent Stabilization" program, a New York landlord may charge any amount they consider appropriate for rent. This amount has to be agreed upon by all parties before leasing the unit.
According to New York state landlord-tenant laws, landlords are not required to ask for security deposits. However, most landlords ask for them as a safety measure in case the unit gets damaged.
According to New York landlord-tenant law, the landlord may send the tenant an eviction notice for the following reasons:
According to the " General Obligations Law ," landlords must state where they're storing the security deposit. It's important to note that a landlord in New York may not mix the security deposit with other personal funds.
Both the Fair Housing Act and the New York State Division of Human Rights protect tenants from discriminatory behavior against them. This includes protection for tenants regardless of their race, marital status, sexual orientation, gender, religion, etc.