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Can You Evict a Tenant if an Occupant of their Unit is Arrested

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  • 08-02-2015, 12:57 PM
    HRinDEVON
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    You can put anything you want into a lease ...but if it conflicts with public policy or law..good luck on getting court to uphold that provision of your lease. I happen to be very emphatic as to your quest to keep your places safe .
    But if you are operating some sort of non conventional residential facility your best next stop,is seasoned counsel as to how to adapt to what is a very pro tenant system ...
  • 08-02-2015, 02:40 PM
    AlwaysOnTime
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    No conflict. It's a government written lease
  • 08-02-2015, 03:25 PM
    Mr. Knowitall
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    Horse puckey. If it is a "government-written lease", such as a model lease for Section 8 housing, the problem is that you don't understand its terms.
  • 08-04-2015, 09:07 PM
    AlwaysOnTime
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    I respectfully disagree.
  • 08-04-2015, 10:02 PM
    Mr. Knowitall
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    Quote:

    Quoting AlwaysOnTime
    View Post
    I respectfully disagree.

    You are free to disagree with facts, all you want. Won't change 'em.

    Post a link to the "government-written lease", and perhaps somebody will explain it to you.
  • 08-05-2015, 01:25 AM
    AlwaysOnTime
    Re: Can You Evict a Tenant if an Occupant of their Unit is Arrested
    Nah, not necessary. Only interested in the original question.
  • 08-05-2015, 02:03 AM
    Dogmatique
    Re: Obtaining Residential Addresses Through Criminal Complaints
    Quote:

    Quoting adjusterjack
    View Post
    There are some statutory limitations on what the landlord can do.

    NY RPP Law 235-F - Unlawful restrictions on occupancy.

    3. Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence.


    So, to some extent the tenant doesn't need the consent of the landlord.

    However,

    5. The tenant shall inform the landlord of the name of any occupant within thirty days following the commencement of occupancy by such person or within thirty days following a request by the landlord.

    http://codes.lp.findlaw.com/nycode/RPP/7/235-f

    I'd still like to know what the OP's grounds would be for evicting a rent paying tenant because an occupant got arrested. I don't think housing court would allow for too much creativity.

    Oh, I absolutely agree.

    New York is just a strange animal at times. This would be one of 'em.
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