Question
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May 2, 2008, 10:21 AM
| | New Member  | | Join Date: May 2008
Posts: 1
| | | is my daughter in-law trespassing
Hi
I own a home and on the deed it is a 2 familyhome consisting of the main floor which has a lower level NOT AN ILLEGAL BASEMENT but a lower level to the main 1st floor ,,, and of course the 2nd floor upstairs ,,, I have always rented the 2nd floor, that is 1 family and then i rented the main floor but only the upper level and that would be a 2nd family which is within the deed ,, the tenant who moved into the main floor didn't want the lower level in exchange for a lower rent ,, i believe i am still good legal wise ,, my son got married and i allowed my son and my new daughter in-law into the lower level of the main floor AS GUESTS no lease and no rent ,,now my son is divorced and my x daughter inlaw WILL NOT GET OUT ,,, and i was thinking an individual can ONLY BE A TENANT if there is a lease agreement,,is this correct? if so, can i lock her out? is she trespassing ? i live in brooklyn new york and im pretty sure if i call the local police 61st precinct they wont do anything ,,,my final question is ,, do i fall into an illegal basement issue because my x daughter inlaw is down there ,, BUT REMEMBER it is not an illegal basement it is the lower level to the main 1st floor but the tenant who rented didnt need the lower level ,,, i am assuming that if i rented the lower level to my son and his then wife that would have been illegal but i didnt i just let them in as guests because the lower level to the 1st floor was empty ,,, now my x daughter in-law wont get out!
PLEASE HELP
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Answers
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May 2, 2008, 01:40 PM
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#3
| | | Expert
Join Date: Oct 2007 Location: NY State
Posts: 4,981
| Quote: | Originally Posted by tonyry Hi
I own a home and on the deed it is a 2 familyhome consisting of the main floor which has a lower level NOT AN ILLEGAL BASEMENT but a lower level to the main 1st floor ,,, and of course the 2nd floor upstairs ,,, I have always rented the 2nd floor, that is 1 family and then i rented the main floor but only the upper level and that would be a 2nd family which is within the deed ,, the tenant who moved into the main floor didn't want the lower level in exchange for a lower rent ,, i believe i am still good legal wise ,, my son got married and i allowed my son and my new daughter in-law into the lower level of the main floor AS GUESTS no lease and no rent ,,now my son is divorced and my x daughter inlaw WILL NOT GET OUT ,,, and i was thinking an individual can ONLY BE A TENANT if there is a lease agreement,,is this correct? if so, can i lock her out? is she trespassing ? i live in brooklyn new york and im pretty sure if i call the local police 61st precinct they wont do anything ,,,my final question is ,, do i fall into an illegal basement issue because my x daughter inlaw is down there ,, BUT REMEMBER it is not an illegal basement it is the lower level to the main 1st floor but the tenant who rented didnt need the lower level ,,, i am assuming that if i rented the lower level to my son and his then wife that would have been illegal but i didnt i just let them in as guests because the lower level to the 1st floor was empty ,,, now my x daughter in-law wont get out!
PLEASE HELP |
Do you have an occupancy certificate and how many "apartments" does it cover. You cannot turn a 2 floor house into a 2 unit building without a certificate of occupancy whether the second (or third) "apartment" is in the basement, first floor, second floor.
Right, this is a civil matter, not a criminal matter - she will need to be evicted. | |
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May 2, 2008, 01:49 PM
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#4
| | | Christianity Expert
Join Date: Nov 2005 Location: Atlanta GA
Posts: 23,472
| First several issue, yes she is a tennant, this is a verbal non paid rental. Once they moved in they set up a tennant relationship. Also since this is a husband / wife seperation ( or divorce issues) you are just the landlord and your agreement was between the two of them, they have to work it out, or you will really need to evict try and evict her in court. But I will be honest the housing judge may not hear the case and order it to go to family court as part of the divorce issue.
Now, not what is on the deed, but what is the occupantcy certificate you have from the city, if the home was not given by the city permission to be multi family rental ( not merley zoned on deed multi family).
You can not just lock her out, or she can sue you for damages and illegal eviction and get a fairly good settlement most likely | |
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