Legal Question in Real Estate Law in New York
Occupancy retards eviction
Can a non-paying tenant who lives on the third floor use the fact that a legal two-family in which one family (on the second floor ) has exclusive use of of a summer kitchen and all storage, yard and garage space (on the first floor) claim they have no right to be evicted and not pay back rent based on the fact that the summer kitchen area is being used by the family as extended living quarters? Will a tenant lawyer persist that this is an illegal rental? If so on what basis and can this prevent the landlord from collecting back rent and evicting the tenant?
2 Answers from Attorneys
Re: Occupancy retards eviction
The courts will never prevent a landlord from evicting a tenant from an illegal apartment.
In terms of arrears, if the lease between the landlord and tenant is legal, the landlord may seek back rent. In your particular case, I must know whether the apartment you rented to the problem tenant is a legal apartment (never mind the other tenants). If the apartment is legal, you should be able to receive back rent.
Mike.
Re: Occupancy retards eviction
If a two family house is being used as a two family house, even with an extra kitchen, there is no illegal occupancy.
If there are three families in order to remove the tenant you have to remove the illegal occupant first in Supreme Court by an ejectment action.
Bunji Fromartz
718/855-7575
http://firms.findlawe.com/Bunji
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