tenant subleasing basement illegally

[james mack]

What is the name of your state? New York

i have a tenant in queens ny that has illegally subletted the basement space of my building. the basement space is not in the unit, is not a legal habitable space, and is off limits to all of the tenants. the person who rented out the basement has vacated the premises, but has given the basement dweller full access to the apartment because that's the only bathroom available for him. he has been in the basement for over 30 days and has claimed squatters rights. as far as i'm concerned, he's a trespasser. what can i do to evict this guy?

 

[adjusterjack]

You give your tenant (the main tenant) notice that he's in violation and he needs to fix it or vacate by the deadline. Then you inspect and lock up the basement. If it's not fixed by the deadline you evict both of them through the courts. If you don't know how to do that I suggest you call a lawyer cause this isn't going to change without legal action.

 

[FarmerJ]

how is the person living in the basement getting in and out from the outside ?

 

[james mack]

how is the person living in the basement getting in and out from the outside ?

he was given the key and the basement is accessible from the front hallway

 

[FarmerJ]

You didnt say if this property is NYC or if its another part of the state , If you dont have his name then you may have to look into doing a John Doe eviction ( once you get rid of this person I suggest you consider making what ever changes you need to in order to prevent - remove reason for tenants to ever have to go into the basement again)

 

[LdiJ]

You didnt say if this property is NYC or if its another part of the state , If you dont have his name then you may have to look into doing a John Doe eviction ( once you get rid of this person I suggest you consider making what ever changes you need to in order to prevent - remove reason for tenants to ever have to go into the basement again)

The OP did say that the basement was off limits to the tenants. I think that the problem is that the OP didn't make sure that the tenants could NOT access the basement.

If the tenant has vacated the apartment, AND is no longer paying rent, AND has moved his/her belongings out of the apartment, then you would be within your rights to change the lock on the apartment so that the "squatter" no longer has access to a bathroom. That might make the squatter decide to move on.

 

[Litigator22]

What is the name of your state? New York

i have a tenant in queens ny that has illegally subletted the basement space of my building. the basement space is not in the unit, is not a legal habitable space, and is off limits to all of the tenants. the person who rented out the basement has vacated the premises, but has given the basement dweller full access to the apartment because that's the only bathroom available for him. he has been in the basement for over 30 days and has claimed squatters rights. as far as i'm concerned, he's a trespasser. what can i do to evict this guy?

In no way should you approach these issues from the standpoint of a subletting necessitating pursuing unlawful detainer and eviction remedies as if the intruder gained access under lawful circumstances.

With respect to the basement area there could be no subleasing for the simple reason that the area was not included in any existing rental agreement. Obviously one cannot sublet or sublease something to which they can claim no legal leasehold rights.

Secondly, any claim that the intruder has subtenant rights to a living space because of a supposedly subordinate agreement with a then lawful tenant in possession, would necessarily have lapsed coincident with abandonment of the unit by the purported sub-lessor.

However, your state provides an expedited remedy as follows:

New York Consolidated Laws - Real Property Actions and Proceedings (RPA)

Article 6 Actions to recover real property

§ 713. Grounds where no landlord-tenant relationship exists.

A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735 upon the following grounds:
* * *

3. He or the person to whom he has succeeded has intruded into or squatted upon the property without the permission of the person entitled to possession . . . . ."
___________________________________

New York's criminal trespass laws may be of interest to you:

NYCL Penal Law Sec. 140.10 A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property

(a) which is fenced or otherwise enclosed in a manner designed to exclude intruders;   * * * *

(Criminal trespass in the third degree is a class B misdemeanor. A conviction can result in imprisonment for up to 90 days and may include imposition of a fine. )

 

[Just Blue]

You didnt say if this property is NYC or if its another part of the state , If you dont have his name then you may have to look into doing a John Doe eviction ( once you get rid of this person I suggest you consider making what ever changes you need to in order to prevent - remove reason for tenants to ever have to go into the basement again)

The apt is in Queens.

 

[FarmerJ]

I must have missed that JB. Sleep did mot happen at all yesterday before going to work last night and with that note its bedtime. James I get it that even if it was for your own use when at the property having a toilet available isnt a bad idea BUT again take steps when you can to lock it all up and if needed have a second contact person who can go there and say turn water main off should a pipe burst and you are not available.