Legal Question in Landlord & Tenant Law in New York

Re: evicting tenant from illegal basement apt.

Depending on the circumstances you may be able to have them evicted via a notice of petition. Otherwise you may have to file an action for ejectment with the Supreme Court. Either way it it would be highly advisable to retain an experienced attorney. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Re: evicting tenant from illegal basement apt.

Much depends on the location of the dwelling and your Certificate of Occupancy ("C/O"). Assuming you are anywhere in NYC, unless you have the proper C/O those basement tenants can assert it is an illegal apartment. The ONLY way you can force them to vacate is by court order; an eviction proceeding or ejectment action in other words.

I would recommend that you retain a qualified landlord/tenant attorney to represent you.