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Can I evict a tenant from place not registered as multiple dwelling. — Brooklynian

Can I evict a tenant from place not registered as multiple dwelling.

jmcmanus
jmcmanus
edited November -1 in Park Slope

We own a 2 story house where I live in the basement and my counsin lives in the 2nd floor (both owners) and we rent out the 1st floor. The tenant are always 20+ days late on rent and have not paid rent for the last two months.

I would like to ask them to pay the rent or evict them but after doing all this research I realized that I have not registered this house as a Multiple dwelling. Am I now stuck with them?

Comments

  • veets
    veets

    You need some real world legal advice to decide what you should do next.

  • idlewild
    idlewild

    Register it, have it certified, make sure you have a certified deed as well and then evict. Your tenants are not protected and you don't need to give a reason for the eviction. I only say certify because some L&T judges are real sticklers for the law.

  • pragmaticguy
    pragmaticguy

    If the apartment the tenants are living in is a legal apartment then evicting them shouldn't be a problem (meaning the basement and the second floor are the illegal units). If it's not, be prepared to pay a $5000 fine and then have the judge give them about six months free rent while they look for a new place.

  • stacey
    stacey

    When you say 2 story do you mean 2 family? If so 2 family is different from multiple dwelling. There are different rules to follow for them.

  • jmcmanus
    jmcmanus

    Thanks for the replies, I just wanted to see if anyone else happened have experience with this on either side. I plan on looking for a RE lawyer (Any suggestions?).

    It is a 2 family home, with a legally converted basement. They are month to month with rent due on the 1st.

    I went to ask the whats going on today but they would not answer the door.

  • jmcmanus
    jmcmanus

    I know landlords have this stigma but we are so nice to them, we are only charging 1000 a month (very low for the area in relation to how large the floor is). We do not bother them about always being late on rent, we do not overreact each time they hide a problem that needs to be fixed until its too late (the most recent one they had a leak that they tried to fix by putting a bucket under it which eventually filled and started leaking into the basement, we confronted them, they said there was no leak, we asked to check to make sure, we found the leak and had it fixed).

  • MOD
    MOD

    Kick them out and rent to me. I'm a landlord's dream come true, LOL. :D

  • landlord
    landlord

    Don't kick them out. As long as they pay the rent every month...even though its the end of the month...they are much better then non-paying tenants. You don't know what economic hardships they might be going through. As long as they pay the rent by the end of the month I would not kick them out.

  • MOD
    MOD

    Landlord, the OP stated that they

    have not paid rent for the last two months.
  • landlord
    landlord

    Oh! My mistake....SEND THEM TO THE PLANK!

  • jmcmanus
    jmcmanus

    Thanks for the replies everyone, I am going with my aunt to a RE lawyer to have this dealt with.

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