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mishmosh
That's all I got.
Member since 7/06 1452 total posts
Name:
Michelle
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Legal advice - tenant/landlord issue (long)
My grandmother has an illegal apartment in her basement. It's just a studio with a microwave, but still illegal nonetheless. Don't get me started on the issues with that in and of itself. I hate the fact that she has it, but she's ridiculously stubborn and will listen to a stranger on the street over me. But I still ending up having to clean up her messes.
Her tenant is a older lady who has been there for about 5 years, always paid cash. There's no lease. My grandmother needs access to the basement once a week to fill the furnace. It's an old furnace and it's not automatic. For 5 years it's been this way and for 5 years, it hasn't been too much of a problem. The lady is a little odd and my grandmother is annoying, so sometimes if my grandmother goes down too early in the morning, the tenant will get annoyed and yell at my 86 yr old grandmother. Nice. This stresses my grandmother out and she's always worried that the lady will just stop paying rent and since it's illegal, she'll have no course of action.
My question is what can we do (besides making the apartment legal) in case this happens? If the tenant decides to stop paying rent, what can/should my grandmother do that will cause the least amount of legal trouble for her?
I know that the tenants have a lot of rights, lease or no lease, but other than that, I know nothing about this stuff. Thanks.
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Posted 10/28/08 12:00 PM  |
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Deeluvsvinny
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Member since 10/08 4952 total posts
Name:
Whatever
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Re: Legal advice - tenant/landlord issue (long)
if this ever happens...you should consult a lawyer.
You can take her to court, it would just have to be supreme court rather than civil. It won't go through regular landlord/tenant court.
That's not to say that your grandmother may not be held responsible for the illegal apartment, but at least she'll be able to get the tenant out.
GL!
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| Posted 10/28/08 12:16 PM |
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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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Re: Legal advice - tenant/landlord issue (long)
we dealt with this with my grandfather before he died.
basically your grandma has no rights at all. the tenant has them all. if it comes to your grandma trying to evict her, the tenant can take your grandma to court and she WILL win. your grandma could have to pay back ALL of the money that she was paid in rent over the years. it will take approx. one year to get the tenant out and during that time your grandma will have to keep the electricity, gas, water etc on EVEN IF the tenant stops paying rent. it's against the law not to even if she's not getting paid. she'll have to get a process server to let the tenant know she's starting the eviction process.
it's a huge mess. i hope you guys can talk your grandma into not p issing this tenant off in the meantime. tell her not to go down there too early. if that tenant decides to cause trouble, there's not much she can do. the law isn't on her side since it's an illegal apartment.
thank god we got out of that mess--but it wasn't cheap. the tenant DESTROYED the apartment and didn't pay any rent the last few months he was there. i wish you the best of luck
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| Posted 10/28/08 12:27 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Legal advice - tenant/landlord issue (long)
I know someone who would buy a houses with a tenant issue. He would pay the tenant to get out.
I know it's not what you want to hear. Maybe what you can do is sit down with your grandmother & the tenant. Explain that she is going to be moving in with you in the new year & selling the house. Give the woman a few months to look for a place & when she finds one, give her the rent back from the time you notified her towards a security deposit.
Once she's out, I imagine she can't do squat.
Message edited 10/28/2008 12:51:57 PM.
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| Posted 10/28/08 12:51 PM |
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mishmosh
That's all I got.
Member since 7/06 1452 total posts
Name:
Michelle
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Re: Legal advice - tenant/landlord issue (long)
Posted by browneyedgirl
your grandma could have to pay back ALL of the money that she was paid in rent over the years.
Thansk so much for the replies so far. This is the info I'm looking for.
Wow! Why would she have to pay back the rent? I doubt the tenant can prove what she has paid.
And my grandmother already planted the seed in the lady's head that she was thinking about selling the house and moving in with me (not true, ugh never), but it was a good idea to just tell her that so maybe she will just go quietly.
I've got knots in my stomach about this.
Message edited 10/28/2008 1:15:27 PM.
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| Posted 10/28/08 1:14 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Legal advice - tenant/landlord issue (long)
If it's friendly enough, she'll go quietly.
The sooner, the better. Dealing with evicting a tenant if it's an estate seems messier - although maybe not.
I would also talk to an eldercare attorney. We were able to keep my grandmother's house out of her assets because we acted on it with in the Medicare guidelines.
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| Posted 10/28/08 1:18 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Legal advice - tenant/landlord issue (long)
Posted by mishmosh
Posted by browneyedgirl
your grandma could have to pay back ALL of the money that she was paid in rent over the years.
Thansk so much for the replies so far. This is the info I'm looking for.
Wow! Why would she have to pay back the rent? I doubt the tenant can prove what she has paid.
And my grandmother already planted the seed in the lady's head that she was thinking about selling the house and moving in with me (not true, ugh never), but it was a good idea to just tell her that so maybe she will just go quietly.
I've got knots in my stomach about this.
She probably means she would have to pay back taxes.
Your grandma better not ruffle the feathers of this tenant. Because the tenant has all the power in this situation, mainly because it's an illegal apartment.
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| Posted 10/28/08 1:27 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Legal advice - tenant/landlord issue (long)
Posted by nrthshgrl
The sooner, the better. Dealing with evicting a tenant if it's an estate seems messier - although maybe not.
Not really. All you have to do to evict the tenant is send them a certified letter giving them their 30 day notice to get out. If the tenant stays, then you can get the sheriff involved.
It really doesn't matter if its an estate or not. What matters is the fact that it's an illegal apartment. If the tenant gets ****** off over being forced out "by legal means"... the tenant always has the option of reporting the landlord's illegal apartment to the town.
This is why renting illegal apartments to strangers are just not worth the stress.
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| Posted 10/28/08 1:29 PM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: Legal advice - tenant/landlord issue (long)
I sooooo hate misinformation about legal issues.
Those who said you should consult an attorney are correct, but here are some basic FACTS about landlord/tenant law in Suffolk County.
It doesn't matter if the apartment is legal or not - there is still an obligation of the tenant to pay rent. Failure to pay the agreed upon rent on the day it is due = court action for non-payment. This is NOT done in Supreme court. It will be handled in District Court in the township where the property is located.
In Suffolk County tenants have very few rights. While it is true that an eviction action is not a "short" proceeding, there is no reason other than incompetance that it should take a year.
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| Posted 10/28/08 2:27 PM |
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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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Re: Legal advice - tenant/landlord issue (long)
Posted by ave1024
Posted by mishmosh
Posted by browneyedgirl
your grandma could have to pay back ALL of the money that she was paid in rent over the years.
Thansk so much for the replies so far. This is the info I'm looking for.
Wow! Why would she have to pay back the rent? I doubt the tenant can prove what she has paid.
And my grandmother already planted the seed in the lady's head that she was thinking about selling the house and moving in with me (not true, ugh never), but it was a good idea to just tell her that so maybe she will just go quietly.
I've got knots in my stomach about this.
She probably means she would have to pay back taxes.
Your grandma better not ruffle the feathers of this tenant. Because the tenant has all the power in this situation, mainly because it's an illegal apartment.
no, i don't mean the taxes, i mean the rent. if it's an illegal apartment, and the tenant takes the homeowner to court, the homeowner could have to pay back EVERY PENNY in rent that was paid while the tenant was there.
we unfortunately dealt with this exact situation--i had even gotten references for process servers. it's not pretty--please tell your grandma to stay nice to this tenant. once it gets ugly, it gets really ugly.
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| Posted 10/28/08 2:30 PM |
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Elizabeth
Mom of Three
Member since 9/05 7900 total posts
Name:
"MOMMY!!!"
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Re: Legal advice - tenant/landlord issue (long)
I agree with the PP that was commenting about misinformation. I know nothing about the subject and i know everyone is trying to be helpful per their own experiences and your request but I really think you should find someone to consult with on the matter. How can your grandmother have no rights at all??? An 86 year old woman should be afraid of setting off the tenant? I would confirm this with a professional before proceeding. No offense to anyone who replied, like I said, I know it is a matter of trying to be helpful but in a situation like this, I would want to know for a fact what the options are. Good Luck, it gives me knots to think of an elderly woman being trapped in a situation.
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| Posted 10/28/08 2:45 PM |
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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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Re: Legal advice - tenant/landlord issue (long)
Posted by DancinBarefoot
I sooooo hate misinformation about legal issues.
Those who said you should consult an attorney are correct, but here are some basic FACTS about landlord/tenant law in Suffolk County.
It doesn't matter if the apartment is legal or not - there is still an obligation of the tenant to pay rent. Failure to pay the agreed upon rent on the day it is due = court action for non-payment. This is NOT done in Supreme court. It will be handled in District Court in the township where the property is located.
In Suffolk County tenants have very few rights. While it is true that an eviction action is not a "short" proceeding, there is no reason other than incompetance that it should take a year.
nassau must be different.
we DID contact an attorney. that's how we knew what we were up against. i should add that it was in an incorporated village--that may make a difference.
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| Posted 10/28/08 4:26 PM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: Legal advice - tenant/landlord issue (long)
Posted by browneyedgirl
Posted by DancinBarefoot
I sooooo hate misinformation about legal issues.
Those who said you should consult an attorney are correct, but here are some basic FACTS about landlord/tenant law in Suffolk County.
It doesn't matter if the apartment is legal or not - there is still an obligation of the tenant to pay rent. Failure to pay the agreed upon rent on the day it is due = court action for non-payment. This is NOT done in Supreme court. It will be handled in District Court in the township where the property is located.
In Suffolk County tenants have very few rights. While it is true that an eviction action is not a "short" proceeding, there is no reason other than incompetance that it should take a year.
nassau must be different.
we DID contact an attorney. that's how we knew what we were up against. i should add that it was in an incorporated village--that may make a difference.
Nassau is very different. Nassau has rent control laws, and as you mentioned it was an incorporated village, which is a whole other can of worms.
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| Posted 10/28/08 4:33 PM |
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mishmosh
That's all I got.
Member since 7/06 1452 total posts
Name:
Michelle
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Re: Legal advice - tenant/landlord issue (long)
I didn't mention that the apt is in queens, which is a whole other ball of wax.
I will absolutely contact an attorney if the circumstances call for it. There's no need for one now. I was just thinking about a "what if" situation. I didn't know where to begin with this quest and thought others would have experience with it.
I appreciate all the information!
Message edited 10/28/2008 6:06:38 PM.
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| Posted 10/28/08 6:04 PM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: Legal advice - tenant/landlord issue (long)
Posted by mishmosh
I didn't mention that the apt is in queens, which is a whole other ball of wax.
I will absolutely contact an attorney if the circumstances call for it. There's no need for one now. I was just thinking about a "what if" situation. I didn't know where to begin with this quest and thought others would have experience with it.
I appreciate all the information!
Oh, yea, Queens most definitely is another ball of wax. NYC has its own rules regarding evictions that are very different from Suffolk and Nassau. When the time comes, contact the Queens County Bar Association and ask for a lawyer referral. You can then consult with 2-3 attorneys for a nominal fee and pick and choose which one you like.
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| Posted 10/28/08 11:22 PM |
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