Legal Question in Landlord & Tenant Law in New York
illegal tenant
my daughter owns a condo in
manhatten. the building keeps a
guest apartment that owners can
use for visiting guests. there is a 10
limit for guests. one apt was owned
by a young man who lived with his
girlfriend. they broke up. he moved
out and rented his apt to someone
else. the ex girlfriend moved into the
guest apt. that was 2 months ago.
she now refuse to move out. or pay
rent. is there nothing the owners
can do? they seem to feel there is
not.
2 Answers from Attorneys
Re: illegal tenant
They need to serve specific notices that her license to reside there has been terminated and if she refuses to leave a summary proceeding seeking her eviction must be filed with the housing court. NYS has very specific guidelines that must be followed to a tee in these situations for if one small provision is not followed exactly the whole process must start anew. As such, It is highly advisable to retain an experienced NY landlord tenant lawyer to handle this matter. We are very experienced in handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: illegal tenant
First, look at the co-op agreement with regard to the extra apartment, if their is a breach of the co-op agreement there should be remeady, including fines to the young man etc.
I have even handled a foreclosure of the co-op when the fines were not paid.
A letter should be sent to the young man and the ex-girlfriend detailing your concerns. This letter should be sent by the chairman of the board.
You may even impose rent on the young man/ex-girlfriend - same should be reasonable.
It is always nice to have an apartment available for out of town guests and for emergencies. This may even outweigh the rent factor.
Do something now. As each day goes by the young man and the ex-girlfriend, are taking the use of the apartment away from the other owners.
You can always go to court for an eviction, and/or impose fines or sanctions on the young man.
We handle these types of cases throughout New York State. If you would desire more information, please feel free to contact me.
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