Posted by Nate(DC) on January 01, 2003 at 20:38:29:
Well, they are both run by the Mob…I guess that’s one thing they have in common!
NT
Squatter? (Long) - Posted by Sandy (NY)
Posted by Sandy (NY) on December 31, 2002 at 02:25:09:
I have a property where I inherited a non-paying tenant. I spoke to her to try to fix what was wrong with the apartment so she would pay rent. She didn’t have a lease and wouldn’t sign one and wouldn’t give me entry to survey the apartment. Well she “left town” to parts unknown and now her boyfriend is in the apartment. Since she didn’t have a lease, I know he doesn’t have a legal right to be there.
What is the fastest, easiet way to get rid of the boyfriend? He doesn’t have a lease or pay rent. Do we give him a 3-day notice? Treat him as a trespasser or squatter? Also, two women own this property. For safety reasons, can we utilize the police in any way?
Please help! Getting him out will make my property more marketable so I can sell it. As always, any advice for what to do or what not to do is appreciated.
Thanks in advance,
Sandy
Thanks everybody. - Posted by Sandy (NY)
Posted by Sandy (NY) on January 03, 2003 at 03:16:12:
I read all of the posts and will probably start with the police and treat him as a trespasser. In the meantime, I will round up some big men just in cause the cops don’t scare anyone. I will also call my attorney. Maybe he knows some big men…
Thanks guys. I will keep you posted.
Sandy
Easiest, fastest way… - Posted by Nate(DC)
Posted by Nate(DC) on December 31, 2002 at 17:57:25:
is to pay him to leave.
Get 2 of your biggest, toughest looking male friends to come over and tell him the owner has authorized them to pay him to leave, and that he will get the money once he is out. If he is inclined to leave anyway, he might do so, since it’s basically free money, but if he is a “professional tenant” or you are in NYC where landlords have few rights, you are in for a long battle and I am sure he knows it, and will enjoy every minute of living rent free in your apartment while you go through the court process to evict him.
NT
Recommendation - Posted by Tony-VA
Posted by Tony-VA on December 31, 2002 at 10:18:21:
“Landlords’ Rights and Duties in New York (Self-Help Law Kit With Forms)” is a great resource available at a great price ($15.37 at amazon.com and is probably at your local book store).
The book is written by attorney Marka Warda and others. I have used this book in another state and found it very helpful and in particular, walked me through the forms and procedures.
You will find it money well spent I believe.
Tony-VA
Landlord/tenant law - Posted by John Merchant
Posted by John Merchant on December 31, 2002 at 10:01:20:
LL/tenant law is different in every state, and I think you’re needing to see a lawyer familiar with those laws in the state of the rental.
If the squatter won’t leave voluntarily and won’t let you bribe them to leave without destroying the apt., then of course you’ll need to have them evicted…and shouldn’t try this without having an experienced lawyer do this for you.
These days, in many states and cities, LL/tenant laws are VERY slanted for the tenant, and against the LL, and without a lawyer, you’d be going into battle badly under-armed.
Re: Squatter? (Long) - Posted by Josh
Posted by Josh on December 31, 2002 at 09:25:08:
You have several options. You can give your “tenant” notice and see if he will quit possession. You can hire a lawyer to sue the tenant out. Or you can try to strike a deal with him to get him to leave.
Josh
MY SQAUTTER HORROR (NYC) - Posted by Izzy
Posted by Izzy on January 02, 2003 at 04:07:03:
i have a squatter in an apartment unit I own.
He called the cops on me when I found a TV in the vacant apartment, cops forced me to let him in.
Took him to court. It’s been 3-4 months since he moved in, Court stipululation means if he is not out by feb. 6, I can order the marshals.
He is enjoying every minute! you shoudl have seen the look on his face when the cop made me open the door lock for him…
and, the reason why is because he put a PIT BULL in the apartment, so the cops could not get in to allow me to change the lock to begin with!
Re: Easiest, fastest way… - Posted by JHyre in Ohio
Posted by JHyre in Ohio on January 01, 2003 at 13:42:05:
All good answers below. I usally take Nate’s approach first, except that I show up with cops. In many of the jurisdictions where I do deals the police are more than willing to lean on trespassers. That failing, you will need to commence formal eviction proceedings.
John Hyre
New Jersey “self-help”… - Posted by Ben (NJ)
Posted by Ben (NJ) on January 01, 2003 at 16:16:04:
I just had this conversation with two friends who own property. Incredibly, one said if his tenants get several months behind, he goes there, takes off the front door and takes it home with him! The other said
he goes there and starts throwing furniture out the windows! I looked at these guys like they’re nuts! I guarantee the first time I pulled a stunt like this I’d be in the newspaper and then before a judge tearing me a new one! How do they get away with this stuff?
Re: New Jersey “self-help”… - Posted by JHyre in Ohio
Posted by JHyre in Ohio on January 01, 2003 at 16:43:50:
I know of people who do the same. I’d never get away with it, much as I’d sometimes like to pitch tenant’s stuff (and sometimes tenants themselves) through windows and walls.
John Hyre
The catalyst of one incident… - Posted by Ben (NJ)
Posted by Ben (NJ) on January 01, 2003 at 16:59:14:
was when my friend canceled a trip to Disneyworld because many of the tenants were late and he did not have the extra money. His kids were terribly disappointed. He then found out one of the long delinquent tenants,lo and behold, had gone to DISNEYWORLD! That was the last straw for them! LOL!
Re: The catalyst of one incident… - Posted by JHyre in Ohio
Posted by JHyre in Ohio on January 01, 2003 at 17:03:40:
OUCH!
I know the feeling, if writ a bit smaller. My MH buyers all have big-screen TV’s, nicer cars than I have and spend the GNP of Guatamala on cigarettes and Bud every week. Then they have the gall to plead poverty. Needless to say, I get rid of them…albeit via slightly less direct methods. NJ sounds alot like Youngstown, OH, where I grew up.
John Hyre