Need a Real Good Lawyer (On the Landlord's Side)

Updated on September 12, 2008
M.G. asks from Ozone Park, NY
4 answers

My mom owns a 2 family house in Queens. I live upstairs and she lives downstairs. (perfect family :)) We have a basement that we rent. It has been rented to the same tenant for 8 years now. I had a falling out with him nd his now 'wife'. My mother decided to ask them to leave. She didn't give them an exact date but just said this is for the best. She actually told them to take their time. Well tht was August and it is getting ugly. They didn't pay rent for September and refused to. They are claiming the basement is illegal (might be) and do not have to pay. He claims that he works with lawyers also so they are feeding him this info. So they wanna stay and squat. I need a lawyer fast. My mom can't take the stress and agreviation and I feel that it is ny fault so I need to fix it ASAP. Any help would be greatly appreciated.

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So What Happened?

I would like to thank everyone for all there help and all the advice. I called the lawyers recommended and got some great free legal opionions. My mother has a heart of gold and really decided against taking legal action against 'them'. But her prayers worked in her favor and i am happy to say that as of yesterday they are gone..out..bye bye. They didn't pay the rent for the one month but it was better to lose just one month than have to go through the hassle of having them squat and go to court. Again thanks to all for everything!!!

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.Y.

answers from New York on

Hi,
Your basement apt. is probably not legal, and since it is not, your mother will probably be faced with fines and asked to correct the situation by removing the bathroom and kitchen from the basement. That's the bad part, but since it is not legally a livable space, he can not stay there either. I would call the Dept. of Buildings to have an inspection done, again, you will have to pay fines, but at least you can get the inspector to condemn the place and he will have to leave. I would also start an eviction in landlord/tenant court immediately. I'm no legal expert, so all of my advice is just based on what I *think* I know, so you should contact a lawyer today and start the process since it could take up to 6 months to get a tenant out. GL!

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

V.R.

answers from New York on

As real estate agent and landlord myself. I know your mothers' frustration. On the brite side your mom can get them out with the assistance of a good lawyer. on the downside I can tell you that your mom may have to pay a fine and or assist them in moving. Most basement apartments are illegal in queens and not only do they not have to pay anymore rent your mother may be responsible to pay back whatever they have paid her thus far depending on how good their lawyer is. I know a couple of attorney's in Long Island and will ask them for recommendations for someone in queens.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.W.

answers from New York on

Leslie Gayles ###-###-#### 67 Wall Street Ste 2211, NY NY 10005 e-amil ____@____.com fax ###-###-####

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

R.K.

answers from New York on

Try Jarred Kassenoff ###-###-####. He is a real-estate attorney.

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