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Home > Law > Real Estate Law   »   Illegal apt squatter

 
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Old Apr 13, 2008, 09:24 AM
akabusy
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Illegal apt squatter

I have an illegal apt rented and the tenant did not pay April rent. She has said she can't afford it. Can I shut down the electric and cable which I currently pay? This is in Long Island, NY Thank you

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Old Apr 13, 2008, 09:34 AM   #2  
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Yep.
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Old Apr 13, 2008, 09:51 AM   #3  
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You must go thru the eviction process legally to get this tenant out. Don't shut off the utilities as you could be countersued. You can do what I did one time to a drug dealing tenant I wanted to get rid of - move out the stove and refrigerator from the apt. Didn't take them long to vacate the apt as my appliances were in the lease and I was going to "upgrade them" and kinda forgot. I just stored them in my huge livingroom until they moved out. Be careful what you do with the "illegal tenant" so it won't come back at you and they get more time to squat there.

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JudyKayTee agrees: The OP could also be ordered to return all rent previously paid to the tenant - this is an illegal apartment.
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Old Apr 13, 2008, 10:08 AM   #4  
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Quote:
Originally Posted by akabusy
I have an illegal apt rented and the tenant did not pay April rent. She has said she can't afford it. Can I shut down the electric and cable which I currently pay? This is in Long Island, NY Thank you

No, you can't shut off her utilities to force her out. You can - and possibly will - be sued.

You can't profit from illegal activity and that is what your apartment is. If it comes to the attention of the authorities you will be shut down - and fined.

Try to evict her and hope the lack of permit doesn't get you fined and shut down.

And then get a permit.
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Old Apr 13, 2008, 02:58 PM   #5  
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you have almost no rights here since you are renting an illegal apt.
First no you can not just shut off thier utilities, this would be an illegal eviction. Add to this, if they want, they can take you back to court and sue you for all of thier rent back, and guess what they will win normally.
So if you take them to court to evict, and they counter sue for an illegal apartment, guess what happens their, you do get them out, but you will be opening up your check book.
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