eviction help

[rh71]

In NY, our relatives have a 2nd dwelling which is an apartment that they rent out to some couple for X amount per month. There is no official lease, but "we" sign a receipt saying they paid this month's rent and so forth.

Well "we" gave them 2 months notice to get out since there are other relatives whom we actually know who want to move in. They will be paying just the same, but we want the current residents out.

They're refusing to leave.

What can we do about this situation in particular ?

 

[olds]

You'll have to take them to court to get them evicted. Are there some type of "rent controls" in your aresa?

 

[911paramedic]

You better start the court papers now, it takes a while. (sounds like they are going to be a problem)

As for their "lease" its month to month, so they have to leave with 30 days notice.

 

[rh71]

No official lease is required for the law to step in ?

 

[olds]

Originally posted by: rh71
No official lease is required for the law to step in ?

Generally all you have to do is give a 30 day notice. But I see you are in NY and I know there are some areas with rent control which changes everything.

 

[StageLeft]

Since they signed no lease I see no reason why they can stay in the apartment forever. If they don't want to leave I'd jack the rent up to $15,000/month. They don't like it? Well then they can show you the lease saying that their rent is only $1000/month. Oh wait! They don't have one. Too bad! Two months is ample time.

I'm sure there is a law for all this, but I'd be very surprised if you can't kick people out of your own building

 

[rh71]

In addition to this, we want to know if getting them evicted will show up on their credit report (obviously we want it to)...

The woman who lives there calls up to harrass our relatives... just last night she called up my fiancee's brother and yelled at him for wanting to kick them out, then hung right up... the brother is 16.

They've been living there for September and now October without paying...

- there's no rent control

 

[Savij]

Send them a certified letter saying they have to move out so you have proof of the notification. Then take them to court.

 

[Eli]

Umm... What do you mean they "don't want" to leave?

Kick their asses out. They have no say in it.

Be nice and give them another 30 days.. but that is it.
Edit: Wait.. they haven't paid rent in 2 months?

Fsck that. Give them 72 hours... Christ.

We got a 72hr notice 2 weeks after rent was late.. 2 months is insane!

 

[rh71]

Can the police be involved in kicking them out ASAP or must we go through the court process ? These people are just staying there and have no intention to pay "rent" any longer...

 

[olds]

Since they haven't paid, you can serve them with a "3 day pay or quit". At least in CA you can.

 

[rh71]

Originally posted by: oldsmoboat
Since they haven't paid, ypu can serve them with a "3 day pay or quit". At least in CA you can.

Well even if we can do that, we're not going to keep them if they decide to pay for future months... we need them to pay what they owe us and get the fvck out...

 

[olds]

Originally posted by: rh71

Originally posted by: oldsmoboat
Since they haven't paid, ypu can serve them with a "3 day pay or quit". At least in CA you can.

Well even if we can do that, we're not going to keep them if they decide to pay for future months... we need them to pay what they owe us and get the fvck out...

There are rules/laws to evicting people. You will have to follow them or it will take forever to get them out.

 

[olds]

Didn't read it.

 

[Savij]

In case you fall under rent controll:

http://www.dhcr.state.ny.us/ora/pubs/html/orafac4.htm

An owner can refuse to renew a lease for many legitimate reasons. The Rent Stabilization Code and Law defines these reasons in detail, including:

...

The owner or a member of the owner's immediate family needs the apartment for their personal use and primary residence. If the tenant is a senior citizen, or disabled, special rules apply [See Fact Sheets on Special Rights of Senior Citizens and Special Rights of Disabled Persons].

...

The owner wants to take the apartment off the rental market...

 

[Sundog]

Tell them the entire house is going to be tented and fumigated for termites.

Once the house is tented, move their crap out and change the locks!

 

[Sundog]

Or raise the rent to $3000 per month

 

[axelfox]

Sue them for trespassing

 

[amdskip]

I'd take their stuff out and change the locks.

 

[Justin218]

I don't think you'll be able to get any back rent, you don't have a lease.

 

Why did you give them possession of the rental unit without having them sign a lease?
Lease or no lease, as long as they have established residence in the unit, they have rental rights. You need to file an eviction or the residents could sue you silly if you lock them out or deny them services.

 

[Medea]

In NY, if there is no lease, then it is a month-to-month tenancy and, if you want to evict them, you do not have to give a reason. You do have to give them a written 30-day notice. The best way would be to have them personally served by a process server. If you are going to use the mail, then use Confirmation of Delivery (not sure of the right name) - it's a relatively new service. If you send it certified, s/r/r, they can refuse to pick it up so it ends up being mailed back to you. Again, don't give the reason for the eviction, i.e., non-payment of rent, because that will trigger another set of procedures. After the 30 days have lapsed after they received the written notice, then you take them to Landlord-Tenant court to evict them.