Constructive Eviction?

[Trying Real Estate]

House obtained through forclosure, owner deceased. Person or persons now occupying premises. House located in town of Southampton, LI, NY. We have been informed by Southampton Town there is no CO(certificate of occupancy). Previous owner was summoned to court to evict persons occupying premises - nothing was done - owner was deceased. As the new owners we are subject to being summoned at this time.

What are our options for having these people removed from the premises and still leave the house standing in one piece?

To achieve CO from town of Southampton will take approximately three months (meaning all violations to be corrected.) Work can only be accomplished if house is vacant. Under code of Southampton, it is an unhabitable house without a CO.

Can you advise of the most expeditious steps to remove the above persons at this location. At this time our daughter is paying the mortgage on said premises and would like to be able to move in!

Any help you could give would be greatly appreciated.

Thanks Tom

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Tom & Stephanie

 

[peter]

Most importantly DO NOT COLLECT ANY RENT, It is Illegal.........you dont want any money you want posession

If you collect rent from them you will probably have to eject them in Supreme court, very expensive.

Then you can give them a 30 day notice to move,on sept 1st for them to be out by Sept.31st.... and when they dont leave then go to civil court and have them evicted.

Or you can offer to pay their moving expenses and give them back their security deposit..if they leave by the end of this month...say $2000...

then its over......

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Trying Real Estate:
House obtained through forclosure, owner deceased. Person or persons now occupying premises. House located in town of Southampton, LI, NY. We have been informed by Southampton Town there is no CO(certificate of occupancy). Previous owner was summoned to court to evict persons occupying premises - nothing was done - owner was deceased. As the new owners we are subject to being summoned at this time.

What are our options for having these people removed from the premises and still leave the house standing in one piece?

To achieve CO from town of Southampton will take approximately three months (meaning all violations to be corrected.) Work can only be accomplished if house is vacant. Under code of Southampton, it is an unhabitable house without a CO.

Can you advise of the most expeditious steps to remove the above persons at this location. At this time our daughter is paying the mortgage on said premises and would like to be able to move in!

Any help you could give would be greatly appreciated.

Thanks Tom
<HR></BLOCKQUOTE>