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astroqueen74
Vibrant Health
Member since 1/07 2822 total posts
Name:
Karina
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Question on Illegal rental/tenant
My friend rents her basement out. The tenant lost her job early this year and put my friend and an awful, comprising situation for 3 months. My friend gave her a chance and worked out payment plans etc. When you think things are finally going well and sort of caught up; it’s starting all over again. The tenant is falling behind her rent and this time she (my friend) can't afford to fall behind again on her mortgage, bills, sitter etc. She's a single mom, so it’s really hard. So, my question is being this is an illegal apartment, what are the measures in evicting her? This time she has no choice, the tenant needs to go. Do you know how to go about this?? This is in Suffolk County (Islip)
Please advice! Thank you in advance.
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Posted 10/18/07 1:55 PM  |
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chikita315
Love
Member since 8/06 7945 total posts
Name:
M-lo
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Re: Question on Illegal rental/tenant
She can file w/ county court to have her evicted.
The same exact thing just happened to my MIL.
They'll set up a court date and if the tenant doesn't show, they give her 3 days to vacate the premises, then send the sherriff's dept. to remove her.
ETA: She lives in Ronkonkoma.
Her situation was expedited because her niece works for the courts. I'm not sure what the normal turn around time is for this.
Message edited 10/18/2007 2:05:29 PM.
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| Posted 10/18/07 2:04 PM |
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Geraldine
Lovin Life........
Member since 5/07 2388 total posts
Name:
Geraldine
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Re: Question on Illegal rental/tenant
I'm fairly certain the procedure is the same regarding eviction regardless if the apartment is legal or not....she needs to go to the courts and fill out the proper eviction forms....and the quicker the better as it can take some time.......the problem w/having an illegal apartment is this.......she could get a judge that's very strict about illegal apartments and he could make her refund this tenant every dime she ever paid.....I don't know how often that happens, but I have seen it done...
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| Posted 10/18/07 3:11 PM |
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hbugal
Lesigh
Member since 2/07 15928 total posts
Name:
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Re: Question on Illegal rental/tenant
The proceedings can take a while...up to 6 months!!!! Then if you have to evict the tenant you have to pay the sheriff or a company or something to do the eviction.
You can ask questions, regarding legal matters at:
www.lawguru.com
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| Posted 10/18/07 7:11 PM |
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EmmaNick
*
Member since 12/06 16001 total posts
Name:
*
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Re: Question on Illegal rental/tenant
It's the same procedure regardless if it's illegal or not. Just be aware that after you are awarded the property back, 90% of the time the Sherriff does NOT evict the tennant in 72 hours. It can take weeks. I think LL/Tennant matters are low on their priority list(unfortunately). If you need the name of an atty that can help, FM me.
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| Posted 10/18/07 7:12 PM |
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MrsKelly
just hangin' around...
Member since 11/06 6305 total posts
Name:
Krista
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Re: Question on Illegal rental/tenant
nys law says that anyone that resides anywhere for 30 days or more, has legal right to live there - whether they ever pay a penny.
whether the apartment is legal or not, she has to go through landlord/tenant court... it's the only legal way to have her tenant evicted. and it takes a while, so she should start the ball rolling asap.
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| Posted 10/18/07 8:42 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Question on Illegal rental/tenant
You need to do it asap. Eviction in winter are very hard and some judge wait for the Spring.
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| Posted 10/18/07 8:49 PM |
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astroqueen74
Vibrant Health
Member since 1/07 2822 total posts
Name:
Karina
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Re: Question on Illegal rental/tenant
THank you all so much for your advise!
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| Posted 10/18/07 9:08 PM |
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riniko
LIF Toddler
Member since 3/06 486 total posts
Name:
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Re: Question on Illegal rental/tenant
I was thinking that would it be worthwhile for you to try to evict the person on your own by writing them an eviction letter.
Perhaps they will leave on their own as per your letter.
You could also file in the court but it may hasten matters a bit.
(By you I mean the landlord.)
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| Posted 10/19/07 8:42 AM |
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astroqueen74
Vibrant Health
Member since 1/07 2822 total posts
Name:
Karina
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Re: Question on Illegal rental/tenant
Posted by riniko
I was thinking that would it be worthwhile for you to try to evict the person on your own by writing them an eviction letter.
Perhaps they will leave on their own as per your letter.
You could also file in the court but it may hasten matters a bit.
(By you I mean the landlord.)
Hi, Yes, she is actually going to do that first. She just want it to have a plan B, in case she takes longer then expected to move out. Thank you for your feedback
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| Posted 10/19/07 10:23 AM |
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astroqueen74
Vibrant Health
Member since 1/07 2822 total posts
Name:
Karina
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Re: Question on Illegal rental/tenant
Thank you ladies! all very helpful
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| Posted 10/19/07 10:23 AM |
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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: Question on Illegal rental/tenant
Landlord/tenant law in NY is very complicated. I do NOT recommend proceeding without a lawyer (all that will do is delay the process). A L?T attorney costs @ $500-$750.
Be warned, the Suffolk County Sheriff generally doesn't evict in December and January.
ETA: The Landlord Help Center in Lindenhurst is NOT run by a lawyer - just a guy in a very expensive suit.
Message edited 10/19/2007 2:01:20 PM.
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| Posted 10/19/07 2:00 PM |
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LightUpOurLife
Totally in love
Member since 8/06 12785 total posts
Name:
Bonnie-Jean
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Re: Question on Illegal rental/tenant
Posted by ETA: The Landlord Help Center in Lindenhurst is NOT run by a lawyer - just a guy in a very expensive suit.
 
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| Posted 10/19/07 8:13 PM |
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