evicting tenants...

[rh71]

How important is a good lawyer in trying to kick someone out of an upstairs apartment ? If you know any in NY... that'd be great.

They've been there for 17 years, but now the space is needed by relatives. Given 3 months notice via personal letter and they still don't want to get out..

Next course of action:
- lawyer with eviction notice ?
- subpoena to court ?

As legal, direct, and least hassle as possible...

 

[badmouse]

Where in NY?

 

[pulse8]

Damn that sucks to get evicted after 17 years so that someone's relative can move in.

Not that it makes their squatting alright, but that's a long time to live some place.

 

[RaynorWolfcastle]

Originally posted by: rh71
How important is a good lawyer in trying to kick someone out of an upstairs apartment ? If you know any in NY... that'd be great.

They've been there for 17 years, but now the space is needed by relatives. Given 3 months notice via personal letter and they still don't want to get out..

Next course of action:
- lawyer with eviction notice ?
- subpoena to court ?

As legal, direct, and least hassle as possible...

I may be incorrect but I think you have to wait for their lease to expire if they haven't done anything wrong.

 

[lightpants]

Turn off the electric!

j/k

I went through this about 8 months ago. I just reminded them every chance I got that they needed to be out by xx/xx/xxxx. I even had to take a trailer load of their crap to their storage unit, and I lost 2 months rent in the process. I am so glad they are gone, looking back, I think I still would have spent more if I had hired a lawyer and went to court for an eviction.

 

[iwearnosox]

I like to doodle "helter skelter" on my forehead and put feces in my hair. Then I politely ring the doorbell and ask them to leave because it's my opinion that their children are the devil.

 

[EagleKeeper]

Originally posted by: RaynorWolfcastle

Originally posted by: rh71
How important is a good lawyer in trying to kick someone out of an upstairs apartment ? If you know any in NY... that'd be great.

They've been there for 17 years, but now the space is needed by relatives. Given 3 months notice via personal letter and they still don't want to get out..

Next course of action:
- lawyer with eviction notice ?
- subpoena to court ?

As legal, direct, and least hassle as possible...

I may be incorrect but I think you have to wait for their lease to expire if they haven't done anything wrong.

Unless they are on a month-to-month, the lease is the driving legal document from the landlords perspective.

 

[Carbo]

What kind of lease is in effect? That is a huge factor in this. And let's not forget that NYS is the most pro-tenant state in the country. Evictions can take six months or longer, and an attorney will be a necessity.

 

[rh71]

Originally posted by: badmouse
Where in NY?

Queens.

 

[kaizersose]

Originally posted by: RaynorWolfcastle

Originally posted by: rh71
How important is a good lawyer in trying to kick someone out of an upstairs apartment ? If you know any in NY... that'd be great.

They've been there for 17 years, but now the space is needed by relatives. Given 3 months notice via personal letter and they still don't want to get out..

Next course of action:
- lawyer with eviction notice ?
- subpoena to court ?

As legal, direct, and least hassle as possible...

I may be incorrect but I think you have to wait for their lease to expire if they haven't done anything wrong.

sadly, he could be right. in san francisco, once they are there for 10 years, you cant do anything--they might as well own the place. the only clause (i think) is if you are moving elderly parents. you might want to check with the local housing authority if you dont want to pay for a lawyer.

 

[rh71]

Originally posted by: Carbo
What kind of lease is in effect? That is a huge factor in this. And let's not forget that NYS is the most pro-tenant state in the country. Evictions can take six months or longer, and an attorney will be a necessity.

I believe it's month-to-month otherwise they (my relatives) wouldn't be so adamant about getting them out... they're very fair (not just being biased).

How about raising the rent every month ? The problem is they can refuse to pay... then what do you legally do ? It's a hassle just the same..

 

[EagleKeeper]

When they are legally obligated to be out, then if they do not leave, you can file an eviction order with the court.

They may be able to also appeal/fight the oder for a period of time. If they exceed the court authorized time frame, then an law officer can enforce the eviction.

 

[Carbo]

If it is, in fact, a month to month lease, that usually means written notice is required at least thirty days in advance of the termination date. Proof of delivery of this written notice is required, also. If the tenants don't respond and ignore your request, you'll need to contact an attorney to get the ball rolling. But, as I say, NYS is a pain in the ass for landlords.
And raising the rent every month isn't necessary if they are on a month to month lease. You have the right to renew or not. Playing hardass may actually work against you in court if you land in front of a liberal, sympathetic judge.

 

[rh71]

ok I got my facts straight now...

what's the case if there's no lease at all ? Tenants were just paying month to month. They were just told to get out by 6/30 back in March... and they recently came back and said that they aren't able to find anything.. and don't seem like they want to continue looking.

The only real question at this point... once 6/30 comes and goes... what can they do to get them out ? Is the lawyer the only option or is there something before this ?

 

[Aquaman]

Article with some links

Cheers,
Aquaman

 

[badmouse]

From tenant.net an excerpt from the section on NYC evictions:

No tenant shall be removed or evicted on grounds other than
those stated in subdivision a of this section unless on
application of the landlord the city rent agency shall issue
an order granting a certificate of eviction in accordance
with its rules and regulations designed to effectuate the
purposes of this title, permitting the landlord to pursue
his or her remedies at law. The city rent agency shall issue
such an order whenever it finds that:

(1) The landlord seeks in good faith to recover possession
of a housing accommodation because of immediate and
compelling necessity for his or her own personal use
and occupancy or for the use and occupancy of his or
her immediate family provided, however, that this
subdivision shall not apply where a member of the
household lawfully occupying the housing accommodation
is sixty-two years of age or older, has been a tenant
in a housing accommodation in that building for twenty
years or more, or has an impairment which results from
anatomical, physiological or psychological conditions,
other than addiction to alcohol, gambling, or any
controlled substance, which are demonstrable by
medically acceptable clinical and laboratory diagnostic
techniques, and which are expected to be permanent and
which prevent the tenant from engaging in any
substantial gainful employment;

I won't even begin to give you advice on this subject - good luck. NYC housing law is complex, and there are a lot of FREE agencies who do nothing but help tenants sue their landlords.

 

[Lonyo]

Originally posted by: rh71
ok I got my facts straight now...

what's the case if there's no lease at all ? Tenants were just paying month to month. They were just told to get out by 6/30 back in March... and they recently came back and said that they aren't able to find anything.. and don't seem like they want to continue looking.

The only real question at this point... once 6/30 comes and goes... what can they do to get them out ? Is the lawyer the only option or is there something before this ?

Then you are screwed.
In the UK at least, they would have a secure tennancy.
We are in the same position, we pay, there is no contract (we had an initial 1 yr contract, and it was never renewed, but we kept on paying and the landlord accepted it, we even told him there was no contract).
AFAIK, we cannot be kicked out unless we do something against the terms of the initial contract (like serious property damage), and if the house is sold, we are sold as tenants in it.
Also, if they raise the rent to "persuade" us to leave, we can probably complain that they are unfairly raising the rent and force them to lower it again, as it would be too much rent for the property.

 

[SuperTool]

I thought if it's month to month, you just give 30 day notice?
At least that's what it says in my CA lease. Either party can terminate with a 30 day notice after it goes month to month.

 

[JeffreyLebowski]

easy, if it is your property change the locks on their doors. or wait for them to leave, go in and pack all their stuff. If there is no signed lease, then there are no legal obligations for the court to concider, you are providing them a place to stay in good faith. Just like letting a friend sleep on your couch. But having been there for 17 years, if I were you, you and your family should help them find something, and maybe help with moving costs. I mean they've been there so long and it is their home and you want to kick them out because you want to move someone else into their home.

 

[Titan]

As far as I know, everything is in your favor in NY as a landlord, except eviction. Good tennants get hosed and crappy ones can take years to evict. Good luck!

 

[rh71]

Originally posted by: badmouse
From tenant.net an excerpt from the section on NYC evictions:

No tenant shall be removed or evicted on grounds other than
those stated in subdivision a of this section unless on
application of the landlord the city rent agency shall issue
an order granting a certificate of eviction in accordance
with its rules and regulations designed to effectuate the
purposes of this title, permitting the landlord to pursue
his or her remedies at law. The city rent agency shall issue
such an order whenever it finds that:

(1) The landlord seeks in good faith to recover possession
of a housing accommodation because of immediate and
compelling necessity for his or her own personal use
and occupancy or for the use and occupancy of his or
her immediate family provided, however, that this
subdivision shall not apply where a member of the
household lawfully occupying the housing accommodation
is sixty-two years of age or older, has been a tenant
in a housing accommodation in that building for twenty
years or more, or has an impairment which results from
anatomical, physiological or psychological conditions,
other than addiction to alcohol, gambling, or any
controlled substance, which are demonstrable by
medically acceptable clinical and laboratory diagnostic
techniques, and which are expected to be permanent and
which prevent the tenant from engaging in any
substantial gainful employment;

I won't even begin to give you advice on this subject - good luck. NYC housing law is complex, and there are a lot of FREE agencies who do nothing but help tenants sue their landlords.

Nice find. But like Lebowski says... this falls under a 'go ahead and sleep here' kind of deal... which means we have no way to kick them out... but on the same token, they can't sue our family as a tenant either, isn't that right ?

Let's say it was a friend... who you now hate and want him to get his $#!t out... what can you legally do to move this process along ?