Results 1 to 8 of 8
  1. #1
    Join Date
    Apr 2013
    Posts
    4

    Angry How to Evict Somebody for Smoking, Our Rental Unit is Not Legal

    My question involves an eviction in the state of: New York
    We live in a 3 apartment house in Staten Island that is owned by my mother in law (as well as my husband and his 2 sisters). The basement apartment is illegal. When it was rented to the coupe that are currently living there, they were told the entire house was a non-smoking house. They said they understood and agreed to only smoke outside. My mother in law is very trusting and they never signed a lease. Since the day they moved in, they have smoked in the house. We have spoken to them about it several time, as well as others. We live on the top floor and daily our apartment smells like a dirty ashtray. We have spent $500 on air purifiers that consistently read the air quality as poor and the main reason this is all such a major problem is the fact that I have an 18 month old son and I am currently 7 weeks pregnant. They are essentially poisoning my son and my unborn child on a daily basis. They say they don't have the money to move and my mother in law is afraid if we try to get them evicted, they will throw out the case because it is an illegal apartment. What can I do??? There has to be some law in regard to endangering the health of a child and a pregnant woman. My Dr has actually told me if we can't get them out, then we should leave (our own house) because it is so dangerous for me to be breathing in second hand smoke. I have lost 2 pregnancies in the past and I am constantly stressed and terrified about what this is doing my unborn child, as well as the effects it is having on my son. Any advise would be greatly appreciated.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: How to Evict Tenants in Our Illegal Apartment Who Will Not Stop Smoking in the Ho

    Your mom is best off talking to a lawyer in her area. She will have to explain why she is leasing an illegal apartment in the first place, and with no written and signed/notorized lease.

    And best to stop leasing the illegal apartment, period.

  3. #3
    Join Date
    Apr 2013
    Posts
    4

    Default Re: How to Evict Tenants in Our Illegal Apartment Who Will Not Stop Smoking in the Ho

    My mother in law has spoken with her real estate lawyer, who said he would start the eviction process is she wanted, but warned her it may be thrown out of court because it's an illegal apartment. I just don't think anyone else is taking this as seriously as we are, so I was looking for any other advise. Thank you.

  4. #4
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: How to Evict Tenants in Our Illegal Apartment Who Will Not Stop Smoking in the Ho

    Frankly, pay these folks to move out of this illegal apartment.

    You folks wouldn't be the first ones to do this sort of thing; pay a tenant to move out as opposed to attempting to go the eviction route.

    If you don't wish to do this, then do the eviction; if this is an illegal apartment it is likely a judge will find that no one would be able to rent the place anyway; HOWEVER, because of this, the tenants may be awarded all their back rent.

    Gail

  5. #5
    Join Date
    Apr 2013
    Posts
    4

    Default Re: How to Evict Tenants in Our Illegal Apartment Who Will Not Stop Smoking in the Ho

    She recently offered them 2 months rent ($1800) to be out by the end of April, and they responded with "Well, I don't know if we could make that happen, let me crunch some numbers and see what I can do" ... they really are trying to make this as hard on us as they can. They are terrible people. They don't know I am pregnant, and I would tell them if I thought it would make a difference, but they don't care about what they are doing to my son, so they won't care about what they are doing to my unborn child.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: How to Evict Tenants in Our Illegal Apartment Who Will Not Stop Smoking in the Ho

    Another idea would be to hit the local stores, grab an apartment guide and suggest apartments for them - that do allow smoking of course.....and as gail suggested, pay them to leave.

  7. #7
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: How to Evict Tenants in Our Illegal Apartment Who Will Not Stop Smoking in the Ho

    "They are terrible people. They don't know I am pregnant, and I would tell them if I thought it would make a difference, but they don't care about what they are doing to my son, so they won't care about what they are doing to my unborn child."

    Well, obviously your husband, his two sisters and your mother-in-law didn't seem to have any second thoughts about collecting rent on a unit they clearly knew was illegal either...and now it may come to bite everyone in a tender spot. You might save some of your anger for your immediate relatives.

    Gail

  8. #8
    Join Date
    Apr 2013
    Posts
    4

    Default Re: How to Evict Tenants in Our Illegal Apartment Who Will Not Stop Smoking in the Ho

    There is no need for me to be angry with my family. For years the three apartments were occupied by my husband and each of his sisters. Once his sisters bought their own homes and moved out, one apartment was taken by my sister in laws brother in law and his girlfriend and the other (the one we are having problems with) by the girlfriends brother and his girlfriend. We all thought everything would be fine since we were keeping the apartments "in the family" so to speak, and not renting to strangers, but apparently we were all wrong. No one expected them to behave this way.

    1. Sponsored Links
       

Similar Threads

  1. Repair and Maintenance: Rats in the Rental Unit, How Much is Too Much
    By Zulu01 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 10-08-2012, 11:59 AM
  2. Grounds for Eviction: Can You Evict for Smoking Marjiuana
    By justice13 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 09-26-2011, 08:46 AM
  3. Repair and Maintenance: How Often Must a Landlord Repaint a Rental Unit
    By markk1pe in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 08-11-2011, 05:13 AM
  4. Can Condo Association Evict a Renter Who Broke into My Unit
    By SoBeOwner in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 09-13-2009, 04:39 AM
  5. Defenses to Eviction: Apartment Was Never Certified As A Rental Unit
    By pizzaeater in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 08-27-2006, 09:07 AM
 
 
Sponsored Links

Legal Help, Information and Resources