how to evict from an illegal basement apt

[sikntired]

I hope this is the correct forum. Long story short my father in law who is 100 yrs old and still living alone in a 1 family was bamboozeled by a squatter who said the church sent him and could he temp rent his basement. You know the rest, he moved in, brought in other people stopped paying rent and hit this old man with the DOB. I went to court for him today and the judge told the tenant from hell he is entitled to live there rent free, get heat, hot water, etc but to start looking for an apt.

The old man doesn't really have any money is there any way I can evict this guy or does he really need an attorney. Also how does he comply with the complaints to remove the kitchen, bath etc with the tenant still there? Please any help would be greatly appreciated.

[ronin]

Hmmmm....

Are you sure the guy bamboozled your old uncle? or did you just try to make a fast buck by renting out the old man's basement?

Here's why: The cheapest way to get help is to call Adult Protective Services Elder Abuse hotline. They will investigate. If the fellow took advantage of the old man he may end up arrested and be provided with free room and board elsewhere. If the investigation turns up your involvement, you get the free room and board. Ala Riker's Island Suites or something.

The other option is to do an Ejectment action. Pretty complicated and can take a lot of time- you have to go to Supreme Court for it. And that is the price you pay for doing illegal stuff like renting the basement out.

[sikntired]

Did I make a quick buck? I have nothing at all to do with this!! Old man has a grand son that is out to lunch. Lives out of state and supposedly handles his affairs. No one even new about this guy downstairs. Did the old man make a mistake to rent to him? Yes!! Did he know what was in store for him NO he is 100 yrs old hellooo!!

I called Adult Prot Svs they came out and spoke to the guy to try and get him out guy said he is "looking" and case worker said he is done with the case to proceed with a legal evection (what ever that means) I guess we will have to get him a lawyer. I don't have a horse in this race I just check on the old man (my former father in law) how judgemental of you to make a assisinate my character. I'm just an outsider trying to help out a vulnerable old man, not only from the tentant but from the grandson who does nothing and is just waiting for the poor old guy to die.

Merry Christmas! I hope you are never alone in a cold winter and 100 yrs old with no family...

[TenantNet]

Of course there could be another side to the story, which we haven't heard. And some 100 year-olds are still pretty spry.

You see, around here we help tenants, not landlords. We try to help people facing eviction, not those who are seeking it.

[sikntired]

Believe me I have been on the other side of the story more times then you can imagine. I have had many many LL's pulled everytrick in the book so I identify more with the tenant, I am not an LL. The issue here was the manipulation the 100 yr old man was/is a victum of a guy who had an adgenda to black mail him BECAUSE he wasn't aware of the law's. He is an old man just waiting to die, NOT a land lord. That said I did speak to DOB and other sources and was told a vacate order has been issued and now we just have to wait for the final sign off. After that yes, it will be costly and a mess and most probably fines involved. My question was just out of concern for a vulnerable old man who in the end because of being a nice guy came out a looser.

You have been around this game longer then me I am sure you are aware there are people that make a life style squatting. There is a difference between legal rights and someone out and out just trying to get over. Once again, lessons learned..

Happy holidays it's cold out there!

[ronin]

Gee, Adult Protective Services sure acts fast these days. A full investigation on a non-emergency in less than one business day!

It defies belief!

[sikntired]

I didn't post on here to subsitute a "rent war" with a personal one. Just to bring you up to date, yes adult protective services does move fast these days, fortunately like with child abuse time is of the essence. That being said they responded in about 2-3 days not 24 hrs but if they had to they would..At 100 yrs old there isn't much time....Helpless and vulnerable whether it be a tenant, an old person or a child does diserve to be protected.

Speaking of "tenants rights" even with a vacate order the squatters in the basement are entitled to Red Cross Services and then Shelter. Sleeping better now?

PS I retained a lawyer just to make sure the process is LEGAL!

[ronin]

Dude. If the same old man was being evicted into the cold of winter APS has a 50% chance of showing up despite two weeks notice. I think any City Marshal will vouch for that because they have to reschedule.

"There's a guy not paying rent in the basement" hardly merits a SWAT response team. The should take a peek to make sure there's no rip off, but that would take a whole lot more than 4 weeks or 3 days or 24 hours.

It is also interesting that your contacts with APS were not discussed until after I suggested them.

[sikntired]

First place I am a woman not a dude. You obviously have some anger or power issues that need to be delt with.

I have NO reason to make up what happened and if you don't believe me do a search on CL under housing and the law discussion form the first thing I mentioned was Adult Prot Svcs. If you have NO experience with dealing with them then don't hand out ignorant opinions. Speak about what you DO know. I'm not going to respond any more this is child like and you have a very closed mind and take things personally of which you have no knowledge. THERE WERE HARRASEMRNT and THREATS by the squatter to the OLD MAN!!! In addition to him being a bottom feeder and a dead beat he is also a preditor.

Get a life!!

[TenantNet]

Everyone take a breath. Craig's List should be the absolute last place one goes to seek advice (or for an apartment).

From experience, getting APS to act is like pulling teeth, just like any Agency in the age of Bloomberg. Eventually they will likely respond, but not right away. I know Ronin and he does have plenty of experience in situations like this.

[sikntired]

I'm glad you all know each other but that has noting to do with my experience. I have no adgenda, those are the facts, I called Adult Prot Svcs (Bkly) around 3 pm last Mon. Next morning I received a call from a case worker and the next day he made an attempt to visit. The old man counln't get to the door. He left a letter to call him back which I did. We made an apt to meet all 3 of us within the next 3 days. Adult Prot Svc case worker AND MYSELF went down to the basement (of course no answer) he left a letter. The tenant did respond via phone call to the case workder with his side of the story. I was asked to call case worker after we went to court. TRUE story, the man was impartial, compassionate and made great efforts to resolve the conflict for BOTH parties. Point made they were on the ball and took an interest and ACTED immediately. FYI an attorney who I know told me APS has changed they are bringing up criminal charges quickly now for elder abuse in any form. I know this is a tenant form but often times (as you know) there are more pieces to the puzzle the just a dispute between LL and tenant. A dirty person is a dirty person doesn't matter if it's a LL or a tenant.

The fact that I DO NOT know Ronin or what ever his handle is really doesn't matter when was the last time he called APS?

[TenantNet]

As I said (to all), settle down. Maybe you did get lucky, but that's not the general rule.

[sikntired]

Peace... and here is to a healthy 2011!