 Eviction Process (by Anonymous [NY]) Aug 1, 2013 11:46 AM
 Eviction Process (by BRAD 20,000 [IN]) Aug 1, 2013 11:55 AM
Eviction Process (by Ken [NY]) Aug 1, 2013 12:12 PM
Eviction Process (by Robert,Ontario,Can [ON]) Aug 1, 2013 1:26 PM
Eviction Process (by Mike45 [NV]) Aug 1, 2013 1:28 PM
Eviction Process (by Ken [NY]) Aug 1, 2013 1:43 PM
Eviction Process (by cjo'h. [CT]) Aug 1, 2013 6:16 PM
Eviction Process (by cjo'h. [CT]) Aug 1, 2013 6:47 PM
Eviction Process (by Anonymous [NY]) Posted on: Aug 1, 2013 11:46 AM
Message:
State Specific Question About: NEW YORK (NY)
Good Day,
I rent an apartment out of my house to a person. I just Express Mailed Return receipt a letter which gives this person 30 days to vacate otherwise I will have to go to the next step.
To be upfront my apartment is illegal by town code where I live. The tenant when the person came to see the apartment filled out my rental application which stated that the person was working and needed to leave the current address because the home was being sold. I checked on all the info she provided and it all checked out even her employer said her future there was bright and that she rarely ever took a sick day in the 5 years she worked there. Well she moved in a month later, paid the first month and 1 month security without an issue. Well during the first month she was there she never left the apartment at all. A family member needed a place to live so we politely asked the person to move out and gave the person 30 days verbally to look for another apartment. Well its now 60 days after the original 30 days, the person never went to work and claims to be ill but has paid the rent in the interim but the person says there is no apartments out there. Meanwhile my family member is living in our living space in the house awaiting to take the apartment. As stated I served the 30 days letter stating you need to be out in 30 days.
My question is if this goes to court in front of a judge will he rule in her favor and order us to let this person stay??? I mean there has been some conversations with this person that were tense to say the least. One conversation about the cable going out for 16 hours when my payment was mis-posted and service was restored within the 24 hours not to mention her family member coming to my door about it.
Can someone tell me what are my rights. I didn't lie to the person about needing the place and apologized that we asked the person to leave after a short time moving in but we have given this person plenty of time to find something. Now going on 3 months.
My question is if this goes to court in front of a judge will he rule in the persons favor and order us to let this person stay??? What should I say in front of the judge if anything. Thanks you Bill --75.99.x.xx |
Eviction Process (by BRAD 20,000 [IN]) Posted on: Aug 1, 2013 11:55 AM
Message:
Anon, What does your lease say?.
How does your judge normally rule in such cases?
You MUST know that before you give this to a stranger (the judge).
Might need to do Cash For Keys.
Side question: You say a RELATIVE needs it? First rule of resident screening - never rent to relatives or friends. --67.175.xx.xxx |
Eviction Process (by Ken [NY]) Posted on: Aug 1, 2013 12:12 PM
Message:
In NY a 30 day notice does not have any defense as long as you did not sign a year lease.That being said the judge can pretty much rule any way he wants and common to give them more time.If you just put it in writing today being the first it is not effective until the last day od September.Where are you located in NY? I would suggest you get an attorney involved.If they have not paid rent a 3 day notice is much quicker for non payment --24.92.xx.xxx |
Eviction Process (by Robert,Ontario,Can [ON]) Posted on: Aug 1, 2013 1:26 PM
Message:
In this cause one should contact a landlords association to get legal advise. One can google to find one near the rental. A illegal apartment is going to make case more complex. Once the papers for the hearing are served then one may have more problems with the building and fire code officials. So far would never rent out non-conforming rental units as the risks if there is a fire can have serious consequences with insurance and fire code violations. The only thing is proceed with the eviction by setting a hearing date and hope the tenant does not get free legal advise from the government funded tenancy advocate groups. --74.220.xxx.xxx |
Eviction Process (by Mike45 [NV]) Posted on: Aug 1, 2013 1:28 PM
Message:
Ken, this is a 31 day month. Wouldn't a 30 day notice given on the 1st of a 31 day month be effective on the 31st?
Just asking! In my jurisdictions, a 30 day notice given on the 15th is effective on the 14th or 15th (unless February) -- we know how to count and we use "30 days" and not calendar months.
--67.235.xx.xxx |
Eviction Process (by Ken [NY]) Posted on: Aug 1, 2013 1:43 PM
Message:
Mike45,good point but in NY it is from end of a month till the following month,not 30 actual days so I have always been told that it had to be given on the last day of the month --24.92.xx.xxx |
Eviction Process (by cjo'h. [CT]) Posted on: Aug 1, 2013 6:16 PM
Message:
Anne Nonamus,Like Brad 20000 said,bad business renting to relatives,at least you're getting paid by this lady,even though she's not working,with a work history like she had for five years,she has probably stashed a good few Euros' away in the old sock.Let her stay,and let the relatives find something else.You've a better chance of getting your rent from her than them.Just my 2 pennies worth!!!!! Charlie... --70.215.x.xx |
Eviction Process (by cjo'h. [CT]) Posted on: Aug 1, 2013 6:47 PM
Message:
Anne Nonamus,As an afterthought,why are you supplying cable???.? Just wondering.Charlie... --70.215.x.xx |
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