I need some advice

[Denver]

Me and my family just purchased a home 6 months ago and thought it be nice on the finances if we rented our first floor(basement) to someone for income.

this guy moved in and lived there for 2 months and decided stop payin the rent after that

its been a total of 5 months he lived there and 3 months he has not paid.

i like to note its an "not legal" not requlated apartment.. im from staten island, nyc

i went to the court building and they told me to get a 30 day notice.

i served it to him on the august /29 and then i got it notatized. the 20 day notice ends next week and this guy plans to go to court with me i guess.

we had some loud "talks" about the money and i dont know whats up.

my advice i need is.... what do i do after the 30 day notice?

he said the judge will get him 6 months to move out.. if i take him to court.. is this true?

how long does the process take after the 30 day notice is up? what to do..

thankyou
if anyone wishes to speak to me please AIM me : buddyct

or email me at darkhavoc@si.rr.com

thanks everyone i really need to take care of this.

Denver.

[Denver]

i hope i gave you guys enough infomation to make a reply. i know this tenent.net and not landlord help... but im a college student and my mom sews in a factory for 20 yrs now in chinatown. and we finally saved enough to get a downpayment for a house..

please help me..

-there is no lease given to this guy whos ripping me off.

-his girlfriend threated my mom (sayin you wont move and if you throw us out you will still be here)

-he plays loud music all day ... and im gettin alot of compllaints from 4 different neighbors in my quiet block

-his friends come and park and block my neightbors drivesways gettin them really pissed off at me and not my tenant.

...thanks for hearing me out
Denver

[Denver]

thanks for you help.

i know this is a tenant board and read alot of the post. They are decent hard working people with problems with thier LL.

but theres that handful that uses the law on thier side to freeload from hardworking LL's.

thanks again
Denver

[HAJ77]

Not that I'm a fan of LLs, but you never mention anything about an attorney. I think any tenant that doesn't retain legal counsel is being naive, but a LL without legal counsel is being a moron. If this does go to court the LL appearing without an attorney is alreayd behind in the count, and if the tenant has an attorney you'd be in serious trouble.

<small>[ September 26, 2002, 09:15 AM: Message edited by: HJ ]</small>

[nycurbane]

Some advice:
Get an attorney. Call the Rent-Stablization Association.

NYC is the most expensive city in the US. No one should be allowed to live for free while everyone else pays a significant portion of the income for rent or mortgage and real estate taxes.

You will be allowed to evict whether it is in Housing Court or Civil Court. The tenants will
a: have an eviction on their court record and
b: non payment of rent(if you report it) will damage their credit.
They will have an extremely difficult time ever being a tenant again.

When a One-Family Home is converted to Two-Family Home:

Rent: Landlords can commence a non-payment proceeding in Housing Court against tenants in legal or illegal units, and although individual cases may be decided differently, as a general rule the tenants most likely will be found liable for the rent.

Eviction: The landlord first serves a 30-day notice to leave. If tenant does not leave in 30 days, the landlord can then file a summary eviction proceeding in Housing Court. It usually takes 1-3 weeks to take the case in front of a judge, who typically gives the tenant 30-60 days to vacate the dwelling. As a result, the entire process will take from two to four months before the tenant is required to leave.

Your rights as a landlord seeking to evict tenants:

Rent Stabilization Association
123 William Street
New York, New York 10038
(212) 214-2400

The above was taken from the folowing site:
http://www.queens.nyc.ny.us/depts/housing/illegal_apts.htm

Next related case to your situation:

Holder v. Williams

Civil Housing Court, Kings County
Judge:Hon. Marton
March 28, 2001

The court concluded that the health and safety purposes of the law would not be served by allowing the tenants to remain in the apartment and not pay rent. Rather, tenants would enrich themselves and impoverish the landlord and landlord would not be able to pay real estate taxes, make mortgage payments, provide heat and hot water, and landlord would come perilously close to bankruptcy. The court ordered that the tenants' eviction could go forward

[palmel4]

I'd just like to add that this happened to me but vise versa. I was the tenant who got evicted. I'm sorry to hear this, but I want to tell you not to worry. If you did not sign a lease with the tenant, what nycurbane says is absolutely true. If this is a two family house, the tenant has little or no rights. Do not let them intimitate you. They do not get six months rent free, this used to be true, but the laws have recently been changed. This does not apply for private houses.
I know because my family was renting an apartment in a private house, and when the landlord wanted to evict us, we thought we would have six months rent free. When we got to court, that was not the case. We found out the hard way that if you do not have a lease you have to move out.

I'm sorry to see good LL's get screwed, you're just trying to make a living just like anyone.
And not too long ago you were a tenant yourself.