Hi my name is jermaine, I'm new to this board. My mother who is 65yrs of age has a occupier staying in her basement located in new york, he was paying a occupancy fee for a total of about 3-4 months. He stopped paying the occupancy fee in end of June and stated that he will be leaving leaving August 6th, 2006. The day came for him to move and he didn't show up until 1am in the morning and stated he will be leaving the next weekend which was August 13th. And as you can see from my post he is still here and it is August 22nd. What should I do ? When I called the police they told me that after 30 days he is considered a tenant and that we have to go to civil court. This man disrespects my mother verbaly and he has people downstair smoking marijaunna and last night he also made a threat stating that guns are going to fire if anyone tries to go downstairs.Another one of my main concerns is that there is a day care center right nextdoor to me and I wouldn't want non of the illegal activity that he is involved in to effect the children that play in front of the daycare center, I've been up almost all night researhing legal actions that I can take, I would prefer to do it legaly rather then whippin his *** because I know there are consiquences to assaulting another person. He is under no type of written lease, there is no mail delivered to my home in his name or for him period and he has no receipts for the occupancy that he use to pay. So what should I do ? p.s we removed the toiletboil and sealed the hole in the basement as well as cut the electric stove and refrigerator wire hoping that would make him leave, I know its illegal law wise but this man is disrepecting my mother and causeing unessesary problems.

Any help would be greatly appreciated by me and my family :mad:

Now only if you knew how badly I want to take actions into my own hands

The police told you what to do. What I'm wondering is if you told the police about the drug activity and the gun threats. There are laws in NY about selling drugs in proximity to a school. If you tell them about these things, that may spur them to action. But if its just a tenant-landlord dispute you will need to go through eviction proceedings.

Hello Blade:

Now, let's not get our panties all wadded up. This is marijuana we're talking about here. Nobody said anything about selling it, and I've never heard of a pot head attacking little children...

That said, you're not helping things. As a matter of fact, you're hurting... You said you WANT to take matters into your own hands, as though you haven't and you apparently think you didn't. You DID (the toilet - the refrigerator)! If you sue him now, HE'S liable to win. In court, you're not going to get any relief unless you're all the way legal.

So, there you are, stuck between this rock and a very hard place. You're either going to have to make this a legal problem so the courts will take care of it, or it's a mother problem and you're going to take care of it.

Tell me what you want to do. I'll tell you how to GET him out, or I'll tell you how to sue him. You're choice.

excon

Well the toilet removal was legal according to the cops :-) seeing how we got a fine from the city of New York stating that the toilet and a gas stove is illegal to have in a basement and it must be removed immediately and I have paperwork to prove it, since we didn't give him receipts and he doesn't have mail coming here he has no proof of residence **** we don't even know the guys name to be able to fill out court papers, he is only down there because of my brothers friend asked us to do him a favor and let him stay there for a little bit. So we were just planning on using the squatters law on him, I'm a young man but I'm very smart and I do my research :-) so what do you think ?

Squatting" means finding some empty housing and moving yourself in without an agreement with the landlord. Squats can be just short term housing or they can evolve into long-term housing.

So the plan is my brother let him stay there for a little bit without the consent of my mother who works a 24hour job, and he tried to take over by putting his own locks on the door etc... but I'm thinking of other circumstances that I can obide by. I called a lawyer but they wanted 5000 plus 450 a hour :-\ I can do this on my own even the lawyer said it.


But besides that can I here both options ?and what do you think of mine ?

You're in a lose-lose situation. As such, I would wait until he left, change locks and post a note on the door for him to pick up his items outside (put them under a tarp).

Right now, the guy is in total control. He's completely pissed off and will do anything to make you life more miserable than his (except go to court where they all know him by his first name).

Your grandmother should be afraid for her life and that is reason enough for your actions. I suggest for her to have a court order for him to keep away cause something bad may happen!

Hello again, blade:

Bhayne is correct. You are in a lose/lose situation. There have been illegal things stacked up on legal things, over and over again. Everybody has an opinion on it. In my view, it's going to be very hard to go back and filter out what was done legally, from what was done illegally, and base your case on it.

Here's just one example of how messy this is. Yes, you removed the stove and the toilet BECAUSE the apartment was illegal. Nonetheless, there WAS a tenant in the apartment (no matter how he got there), and you CAN'T remove items like that from a tenant. And, it gets messier and messier……..

You need to clarify your position. You need to decide what he is, because each designation has a different remedy. Some may overlap. He is either: a squatter, a tenant, a trespasser and/or a threat.

I don't know what a squatter is, or what legal remedy you have against one. Whatever it is, I suspect it's civil in nature and going to take some time, money and effort to effect. He may be a tenant, and approaching it that way is also going to take time, money and effort. He may be a trespasser, and that's what I think he is. Evidently, the cops don't think so. Why? He may be a threat, and I think he's that too. There's a remedy for that, and that's the one I think you should take.

I think Bhayne is correct again. Your mother should immediately get a restraining order against him. It can happen fast, and he's going to have to move – like RIGHT NOW. The police will enforce it. I also would call the cops again. Use the word trespasser a lot. Tell them everything you said here. If they try to shut you up, demand to speak with the captain.

The bottom line is, I don't think the civil process is going to give you much relief. I hope the cops will help, and I hope the courts will too. If they don't, you're going to have to.

excon

What if he says to the police that he pays rent and they try to consider him a tenant like the first time I called them ? Can I tell him to show them proof which he doesn't have ?


As for what bhayne said about changing the locks I did something similar when the guy left we pad locked the gates leading to the basement and he called the cops and they made us remove the pad locks saying that it is illegal and that we can get arrested or summond for that.

Quote:

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Originally Posted by Blade3k2

....and he called the cops and they made us remove the pad locks saying that it is illegal and that we can get arrested or summond for that.

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Hello again Blade:

Lock him out. It IS illegal, and you can get summoned to civil court (who cares!). But you CAN'T get arrested!

excon

Have your mother get a restraining order first so that you can prove he is there illegally. Your brother (the tenant's friend) may also be very convincing that it is best to leave (because your brother may now of activity that the tenant may want secret).

He is no tenant. Tenants pay rent and live legally. Move his junk out and be firm to the police. Also say that he has threatened voilence against the owner.

Thanks a lot guys, the Tresspasser isn't my uncles friend he is my uncles friends uncle. But ima try that


So first I get a restraining order and then lock him out ? Are you sure no one can get arrested for that ? Just need to make sure I have all corners covered so that it doesn't back fire.

So I tell the police that he is a trespasser and they will remove hime immediately ? If not what exactly would stating that cause ? And when I say that he is a trespasser what would my story be ? Since he use to pay me 3 months ago do I tell the police that ? Or do I say he never paid me seeing how he doesn't have proof or payments ? Help me get my full story together a strong firm story. I have the basics such as the threats he made. But what about questions such as how long has he been there. Once I say 30days or more they will say that he is a tenant by law.


Thanks in advance. You guys are the best

Hello again, Blade:

My friend, I would never recommend that you commit a criminal act. In fact, doing so, would put my *** on the line. We are talking about the difference between criminal and civil law. I know the difference. You can never be arrested for breaking a civil law, and that's what landlord tenant law is.

Don't touch him. Don't take his stuff. Put it ALL out. And, if the cops come, I suggest you do what anyone should do when a cop knocks on the door. Say nothing. You don't need to explain. I promise you, you will NOT be arrested.

excon

Excellent today ima call the cops to get the restraining order, the good part is I have my neighbor as a witness of the trespasser making those threats so he will back me and my story up 100%. Plus he wants a favor from me anyway so a favor for a favor



Project evict his ***22323 will start in aproximetly 8 hours :-) from now.


The one thing that puzzles me is the fact that ima use the he is a trespasser story, I don't know how to put that part together what if he says he pays rent or he states something that would lead the authorities to ask me a question I can't answer, can you clear the trespassing thing to me ? Do I just say he has been living there illegaly ? By illegally does that mean withour paying rent or without out permission ? Etcc... this is he last question and I will tell all of you how this turns out later on after I get the restraneing order


Once again you guys are the best

He's not living in the house if his stuff is outside the house and he has no keys. Don't even mention "living there".

You don't need a story (I assure you big trouble if you fabricate evidence). Forget about everything that happened before the verbal threat and the restraining order. The "I don't remember or I don't know" works very good.