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  1. #1
    Join Date
    Jul 2005
    Location
    NY
    Posts
    2

    Default Evicting A Tenant From An Illegal Apartment

    My sister and I bought a single-family home in Nassau county NY 3 yrs ago. The house, as we bought it, has a mother-and-daughter layout. We have not made any modifications to it. She lived in the 2nd fl. She moved out after 19 months and I had to rent the upstairs to help myself with the mortgage. We rented it to a mature couple with an 8 y/o child. We aggreed and sign a month-to-month lease. Out of the 14 months they have lived there, only 4 months they have paid on time but they have paid me. Their continued delays put a hardship on the house budget so I gave them notice to vacate the premises with 2 months in advance in April. They have stopped paying rent altogether and have been claiming since they are looking for an apartment. At this point, I don't care much for the back rent payment (although it would help) but I just want them out. They have stopped talking to me and have become rude about the whole situation. I know if I proceed with legal action (eviction) I may have to pay a fine for the so call "illegal apt." I'm a single parent of 2 barely making the mortgage now. I used my lifetime savings to purchase this home for my kids. I'm afraid the consequences would be so much larger for me and even lose my home. Can they ask for their money back on any grounds? Would the fine be bigger than $5,000 for me (so I may apply for another loan)? What are my chances?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Illegal Apartment in NY

    Unfortunately, given the situation you describe, you really need to consult a local lawyer to help clarify your rights and remedies.

  3. #3
    Join Date
    Jul 2005
    Location
    NY
    Posts
    2

    Default thought about it

    Thank you for the quick reply to my situation. I have really asked around and they want so much money (I may have to apply for a loan just to get this going). Many friends say, "any lawyer will take your case but will they really tell me the possible outcome or will they just do it and see what happen"..I am so desperate and frightened by this whole situation that I feel trapped.
    thanks again for your reply

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