NY illegal eviction charge by tenant - whats my liability if I lose????

[denisedd]

Tenant arrested at my home for 5 warrants. illegal drug possession and prescription fraud, bad checks, driving issues.
Tenant is suing me for illegal eviction - I think he will win.

What are my liabilities and are "extenuating circumstances" (see above) considered by judge when making assessment.

I offered ex tenant 3 months rent as compensation - he turned it down and wants to go to court and try to get more money, including legal fees and "emotional distress".

Where are my rights???

 

[petmann]

If you locked him out or tossed his stuff out..YOU are in trouble.

Its called self-help evcition and it is ILLEGAL in all 50 states...YOU must evict in court.

.Did he have a lease? or was he month to month?

You would be responsible for any damage to his property, if he can prove what its worth.

If the lease states the lease can be terminated for good cause, then it would be for a Nuisance charge, which is conduct that is unreasonable, or unlawful, and causes annoyance, inconvenience, discomfort or damage to others.

in other words you would be scared sh**less if he stayed... right?

You could have filed for evcition without even giving him a notice to cure or a 30 day notice.

So what exactly did you do to screw things up so bad that you had to offer him money?

 

[denisedd]

Re: Petmann

hypothetically speaking, of course,

lets say I locked him out - at the police's suggestion I might add. Didn't know that it was illegal. Tenant has no lease. Does have copies of 2 rent checks - 1 for January, 1 for February.

honestly, I am scared. he wrote some really weird s..t on my bathroom wall regarding crystal meth drug use.

Can't I get some type of protection re: the illegal drug stance? Also, the cops took illegal knives from his "residence" - my basement.

 

[denisedd]

Forgot to add - i have an aggravated harassment complaint against him

for all the harrassing phone calls re: this situation.

I even offered to drop those charges.

I just want him to GO AWAY!!!

 

[petmann]

Hopefully he is in jail and didnt make bail..or is facing a long time to meet up with Bubba!

Did you take pictures of the apartment, that would be used for evidence.

What happened to his stuff...you are responible for it.....but you do have to notify him in writng that he can pick it up, or you will have to put it in storage, if it is valuable.

You see this is what a lease is for....to put everything in writing so there is nothing to argue about in front of a judge.

You see even in America a meth smoking low life still has a right to face their accuser in a court of law.

BUT you added another twist to this story an ILLEGAL basement apartment.

Read this about illegal apartments....

http://www.townsunited.com/illegal_coversions.htm

A judge may not think much of you either... hey you arent innocent in this either.....

Of coruse the tenant could just be blowing hot air...

 

[denisedd]

Thankfully, I am not a NYC resident....

Still, I would like to get a handle on the amount of liability I am looking at.

By the way, this "tenant" was a "friend" who I helped out for a year and a half - shoulder to cry on, loans, etc. I even bailed this guy out of jail - for unpaid driving tickets. And, I loaned him money for food for his kids!!! (non custodial parent he is)

What an idiot I am, huh. And now, he is trying to bankrupt me....

 

[petmann]

Ahhh but in NY they frown on illegal apartments, he could call a building/zoning inspector and they can fine you for an illegal unit, and make you tear out the bathroom and/or kitchen so it is unrentable.

Remember if your house is zoned for one unit, then having 2 is illegal.

and the electric company will not install a 2nd meter without the Certificate of occupany legalizing the basement apartment

Getting utilites included in the rent is a red flag that its an illegal apartment.

Plus with no lease, and usualy payments in cash.. to avoid the IRS.....

a smart tenant could do you some good financial damage if you act nutty!


But getting back to this tenant, you could say exactly what you just said and he could become a licensee or a guest of yours,and the "rent" was to try and help him estabilsh some responsibility while he paid you back what you lent him....so he was not an actual tenant, which would make his threats and lawsuit pretty meaningless.

 

[denisedd]

hmm.....

but, what about his MOMMY sending me the rent checks for Jan and Feb with "rent" written on them?