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Re: Evict a tenant of illegal (not zoned) apartment
#9
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Quote:

tern wrote:
Perhaps there is more to the story, but from what is written, a 21 year old throwing parties and having guests, hardly seems the worst tenant you could have.

Involving the city, or "lawyering Up" is the worse thing you could do, in my opinion, just speak to her and let her know that you need the apartment back at the end of her lease, giving her plenty of notice to find a new place.

Robin.


I didn't necessarily think that "lawyering up" is a good idea per se, but consulting with a landlord-tenant lawyer have them readily available should the need arise is probably a good idea. You don't want to find yourself knee deep in this sh__ and then waste your time finding a lawyer, making an appointment and signing a retainer. Best to get that done ahead of time, and to know what your options are as well. While a lawyer might give the very same advice being given here - i.e., pay the tenant off and have them move out - they'll make sure it's all done legally and properly. Some people here may feel that it's unnecessary but that's just my two cents.

Posted on: 7/20 3:00
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Re: Evict a tenant of illegal (not zoned) apartment
#8
Home away from home
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Quote:

tern wrote:
Perhaps there is more to the story, but from what is written, a 21 year old throwing parties and having guests, hardly seems the worst tenant you could have.

Involving the city, or "lawyering Up" is the worse thing you could do, in my opinion, just speak to her and let her know that you need the apartment back at the end of her lease, giving her plenty of notice to find a new place.

Robin.


I didn't necessarily think that "lawyering up" is a good idea per se, but consulting with a landlord-tenant lawyer have them readily available should the need arise is probably a good idea. You don't want to find yourself knee deep in this sh__ and then waste your time finding a lawyer, making an appointment and signing a retainer. Best to get that done ahead of time, and to know what your options are as well. While a lawyer might give the very same advice being given here - i.e., pay the tenant off and have them move out - they'll make sure it's all done legally and properly. Some people here may feel that it's unnecessary but that's just my two cents.

Posted on: 7/20 2:58
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Re: Evict a tenant of illegal (not zoned) apartment
#7
Home away from home
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Pacific Heights: Unmarried yuppies Patty (Melanie Griffith) and Drake (Matthew Modine) move into an expensive dream home in a high-end neighborhood in San Francisco. As they renovate the house, they look for a tenant for the first floor of their house. Carter Hayes (Michael Keaton) seems like a great fit at first, but it transpires that he is a con artist who plans to swindle them out of their real estate. As Hayes tries to drive them out of their own home, the couple must take drastic measures to fight back.

Good Luck

Posted on: 7/17 20:44
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Re: Evict a tenant of illegal (not zoned) apartment
#6
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I agree with JerseyMom on this one. Give her a couple of thousand contingent on her moving out. You are laying yourself open to a lot of potential issues with renting out a basement apartment (Insurance; problems with the city if illegal apartment is reported; etc.). I believe the Mayor's Office also has a task force on illegal rentals. Insurance companies will look for any way out if you do have an issue with the building -- A friend was told me he had problems because his dog injured someone on the property. He spoke to his Insurance Company and since he had not told them about the dog, he was personally liable and the company cancelled his policy. It was a big headache because the person needed plastic surgery, etc... And that was just a dog, not a tenant in an illegal apartment.

If a fire were to break out in the building, you have a BIG problem.

The few bucks you may be making are not worth the potential trouble you are laying yourself open to.

Pay her off -- if she's young, she'll likely take the money and just move. Get her out, and don't rent the basement again.

Posted on: 7/17 18:03
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Re: Evict a tenant of illegal (not zoned) apartment
#5
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Perhaps there is more to the story, but from what is written, a 21 year old throwing parties and having guests, hardly seems the worst tenant you could have.

Involving the city, or "lawyering Up" is the worse thing you could do, in my opinion, just speak to her and let her know that you need the apartment back at the end of her lease, giving her plenty of notice to find a new place.

Robin.

Posted on: 7/10 16:01
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Re: Evict a tenant of illegal (not zoned) apartment
#4
Home away from home
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Quote:

brewster wrote:
While it's not a great idea, there's many, many thousands of these illegal units in JC, many of them illegal only because of low density zoning rather than because they fail habitability or safety requirements. I have a hard time believing getting caught is that drastic. I've heard many stories of them passing inspection simply by removing the range. Poof!! It's no longer a separate apartment.


Getting caught with the illegal apartment is one thing. Evicting the problematic tenant... quite another, even if the unit was totally legal and far worse if the unit is illegal from the sounds of it. I'd be talking to a landlord-tenant lawyer now.

Posted on: 7/10 14:42
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Re: Evict a tenant of illegal (not zoned) apartment
#3
Home away from home
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While it's not a great idea, there's many, many thousands of these illegal units in JC, many of them illegal only because of low density zoning rather than because they fail habitability or safety requirements. I have a hard time believing getting caught is that drastic. I've heard many stories of them passing inspection simply by removing the range. Poof!! It's no longer a separate apartment.

Posted on: 7/10 3:02
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Re: Evict a tenant of illegal (not zoned) apartment
#2
Home away from home
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You are opening yourself up to some pretty hefty fines and a "reward" to your tenant - something like six times the monthly rent and her moving expenses if you move forward with the eviction:

caselaw

Page 106 - Relocation Assistance You'll Owe

You would be far better off trying to settle this amicably between yourselves, particularly if she doesn't know the law. Tell her you will buy her out if she moves in [set the time]. She cleans out, gives you the key, you give her a check and change the lock. Have a private written statement as vague as possible (I'd consult a lawyer). And don't rent the unit again.

You are staring at a whole shi*bag of trouble if ANYTHING happens at this address right now. Your insurance won't handle a claim on an illegal unit - and rightfully so. It's just not worth it. I can think of two cases right off the top of my head where young people died - one in JC due to carbon monoxide poisoning and the other in Bayonne - both in illegal apartments. And your unit isn't "technically not legal" - it's just plain illegal.

Posted on: 7/8 2:05
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Evict a tenant of illegal (not zoned) apartment
#1
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We own a 2 family home in New Jersey and we made the mistake of renting our bastment out to a friend of a friend that needed a place to stay. The apartment is in great shape but is technically not legal because our home isn't zoned for it.

The tenant is a 21 year old 1st time renter who we thought was an angel in the beginning but since has broken her lease several times with long term guests, throwing parties in the backyard without permission, the list goes on. When she moved in she knew the apartment wasn't "legal" but didn't care, she just needed a place to stay.

My question is this - how can we evict her when the covid19 thing is done? She is currently on month 6 of a year long lease. Can we "report" ourselves to the city, get a notice from them to cease the residency, hence forcing an eviction?

Any advice is welcome!

Posted on: 7/7 22:42
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