Legal Question in Real Estate Law in New York

My tenant has not payed rentfor months, no lease

A friend of mine moved into my basement 3 months ago.

Has not payed rent or helped with utilities. There was never a lease.

3 Months ago a asked him to leave because i need the

apartment for my mother. He refused and told there is

not way in hell I will get rid of him because it is an

illegal apartment.

What can I do?

Please help


Asked on 6/06/02, 5:38 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: My tenant has not payed rentfor months, no lease

You need to evict him. You should seek the help of an attorney who handles landlord and tenant matters.

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Answered on 6/06/02, 6:35 pm
Scott L. Braziller Scott L. Braziller, Esq.

Re: My tenant has not payed rentfor months, no lease

You need to consult an attorney. You can evict him, however, if your basement apartment is illegal, you will have a tough time. NYC is very tough on landlords as it is. It will also take a lot of time to get him out.

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Answered on 6/06/02, 6:46 pm
Michael Markowitz Michael A. Markowitz, PC

Re: My tenant has not payed rentfor months, no lease

First. There is no landlord tenant relationship. There never was a lease nor was money ever received as rent. That makes your "friend" a squatter.

Second. Assuming that he is a tenant, and that it is an illegal apartment, you have the right to evict an illegal tenant. You just cannot receive a judgment for rent because a court will not enforce an illegal agreement.

Good luck.

Mike.

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Answered on 6/07/02, 8:37 am


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