I have small house where I have been renting my basement, the lady does not have a lease or even reciepts of paying rent, nor is it a legal rental. Im looking to have her move, I have a feeling there might be problems, because I rent to her at below market rates and she is consistently short on the rent. I no longer want to rent the basement and need the space for my growing family. Any advice greatly appreciated. Would like to do this in a non conflict maner, but in case does anyone think I will have a problem?
(please submit any help with those familiar with the (NYC , Brooklyn) area laws and or experiences.

Hello standup:

Whether she can prove it or not, she's a tenant and you're going to have to evict her according to the landlord/tenant laws of NY. You can find the law on a sticky at the top of this forum.

You may, however get her to leave by just asking her nicely. Tell her, of course, that you'll do whatever you have to do, but you wanted to handle it pleasantly if possible. Let it be her choice as to how difficult it gets. Certainly, she needs time to find a new residence.

However, if your city is rent controlled, you may have an even bigger problem. I'm not sure how easy it would be to evict someone for the reasons you state. Plus, your problem is compounded by the illegality of the apartment in the first place.

If the above is a possibility, then you might still be able to get her to leave if you give her a cash incentive.

excon

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Originally Posted by excon

Hello standup:

Whether she can prove it or not, she's a tenant and you're going to have to evict her according to the landlord/tenant laws of NY. You can find the law on a sticky at the top of this forum.

You may, however get her to leave by just asking her nicely. Tell her, of course, that you'll do whatever you have to do, but you wanted to handle it pleasantly if possible. Let it be her choice as to how difficult it gets. Certainly, she needs time to find a new residence.

However, if your city is rent controlled, you may have an even bigger problem. I'm not sure how easy it would be to evict someone for the reasons you state. Plus, your problem is compounded by the illegality of the apartment in the first place.

If the above is a possibility, then you might still be able to get her to leave if you give her a cash incentive.

excon

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Good answer

How about just asking her to leave, and perhaps offering her even help in relocating.

I don't believe you can follow the formal eviction proceedings because the apartment is illegal. If you do, you open yourself up to having the home reassessed, fines for an illegal apt, etc.

I'd explain to her that you need the space for your family, and offer help in finding another place.