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
3 Answers from Attorneys
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.
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.
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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