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jammy23 · Mar 14, 2015, 07:27 PM

I was asked to post this. Someone has a home and finished getting money for
Reverse mortguage. He's in his 80's and needed money for his bills so he rented
Out the downstairs. Now someone wants to buy the house and allow this
Friend to live out his days there for free.

The problem is, the one in the illegal apt won't leave. Is it a hopeless
Situation? The woman won't try to buy the house unless this tenant is gone.

J_9 · Mar 14, 2015, 07:36 PM

The tenant will have to be legally evicted according to your local laws.

ScottGem · Mar 14, 2015, 08:07 PM

As J-9 said,m the tenant will have to be legally evicted. This generally means giving a 30 day written notice to vacate. If the tenant does not leave by the deadline, then the landlord needs to go to court for an eviction order.

The danger in doing this with an illegal apartment is that the local government may impose fines and penalties on the landlord for renting an illegal apartment. This can go so far as to requiring the return of all rents.

I would highly recommend consulting a local real estate attorney to gauge what the damage may be. It might be cheaper to pay the tenant to leave.

jammy23 · Mar 14, 2015, 08:20 PM

Originally Posted by ScottGem

As J-9 said,m the tenant will have to be legally evicted. This generally means giving a 30 day written notice to vacate. If the tenant does not leave by the deadline, then the landlord needs to go to court for an eviction order.

The danger in doing this with an illegal apartment is that the local government may impose fines and penalties on the landlord for renting an illegal apartment. This can go so far as to requiring the return of all rents.

I would highly recommend consulting a local real estate attorney to gauge what the damage may be. It might be cheaper to pay the tenant to leave.

Thank you for getting back to me. The problem is, he doesn't pay rent. He
Did work around the house and keeps up stuff because he's a handyman.
But he has not paid rent in years. The homeowner cannot afford lawyers
Or the fines should he be caught. Wish I could find out if the tenant is here
In this country legally. I may just ask that question on this board.

jammy23 · Mar 14, 2015, 08:23 PM

Is there a way to find out if someone is here legally from Jamaica?

He is a tenant that doesn't pay rent and refuses to leave. He can't be
Evicted because his apt is illegal. He had a rent free apt that he built
Himself within the house down in the basement. He hasn't paid
Rent in ages. The homeowner wants to sell the house but the
Potential buyer won't buy until he's out.

J_9 · Mar 14, 2015, 08:52 PM

It doesn't matter that he doesn't pay rent. This is his legal residence. He will still have to be evicted according to your local laws.

newacct · Mar 14, 2015, 09:38 PM

This question is irrelevant. Housing and eviction are governed under state law, and the rights of tenants and landlords and all that are exactly the same regardless of anyone's immigration status, which is a federal thing.

Plus, there is no exact term "legally here" in immigration law. There are lots of related but slightly different terms, each meaning something different, and none of them meaning exactly what you think it means. What ultimately matters is whether someone will get deported or not, and that is something that depends on lots of factors, which are between the person and the government, and are none of your business, and which you have no right to find out.

Fr_Chuck · Mar 15, 2015, 05:43 AM

OF course he can be evicted, but the issue of a illegal apartment and fines for that may happen.

No, there is no way, to prove he is here on a valid visa or even a citizen of US at this point, unless he is willing to provide you the documents.

It is time, to hire an attorney and deal with the eviction though the court.

ScottGem · Mar 15, 2015, 05:52 AM

J_9 is correct. Whether he pays rent or not is immaterial, he is a tenant and needs to be formerly evicted. However, if there was a agreement to pay rent and he hasn't, then the notice can be a PAY or Quit which gives him a shorter time to pay in full or vacate.

I merged the two threads. As noted it is immaterial whether he is an illegal or not. If you suspect he is, than report it to ICE and they will check.

joypulv · Mar 15, 2015, 06:00 AM

The good news is that even though he is a tenant according to eviction laws, he isn't there illegally, I think, because he doesn't pay rent. He's just a live-in caretaker, like a nanny or maid.
So just go ahead and evict.
It might be a good idea to have someone else live there while all this is going on, in case he decides to get destructive.

AK lawyer · Mar 15, 2015, 06:39 AM

... He can't be Evicted because his apt is illegal. He had a rent free apt that he built Himself within the house down in the basement. ...

I don't know that the owner would be liable to pay fines under these circumstances. It appears that the tenant, not the owner, is responsible for this "illegal apartment".

jammy23 · Mar 15, 2015, 07:51 AM

Originally Posted by AK lawyer

I don't know that the owner would be liable to pay fines under these circumstances. It appears that the tenant, not the owner, is responsible for this "illegal apartment".

Wow that's a very different opinion then what I've been getting... which is that it's the owner's responsibility. I will discuss this also with him. Thank you for your
Your response.

ScottGem · Mar 15, 2015, 07:54 AM

Fines and penalties are a worst case scenario. But AK has a point. Its not clear, but you are saying this tenant built the apt himself? So he was invited to live there as a caretaker and then set up the basement apt? If that is the case, I doubt if the homeowner would be help responsible.

jammy23 · Mar 15, 2015, 07:59 AM

Originally Posted by ScottGem

Fines and penalties are a worst case scenario. But AK has a point. Its not clear, but you are saying this tenant built the apt himself? So he was invited to live there as a caretaker and then set up the basement apt? If that is the case, I doubt if the homeowner would be help responsible.

Yes, he built it himself. And he never paid rent but he doesn't do anything
Anymore except a little shoveling and he's living free.
The woman who wants to buy the house won't if he is still there.

ScottGem · Mar 15, 2015, 08:58 AM

Then give him one calendar month's (assuming this is NY) written notice to vacate. So he would have to be given notice to vacate by April 30 (at the earliest). If he is not out by then on May 1 the homeowner (or their rep) needs to file for an eviction order in local housing court.

Then file the process from there.

talaniman · Mar 15, 2015, 09:10 AM

It doesn't matter what he has done, if she serve lawful eviction, he's gone. If she wants to sell she evicts him.

jammy23 · Mar 15, 2015, 10:59 AM

Originally Posted by ScottGem

Then give him one calendar month's (assuming this is NY) written notice to vacate. So he would have to be given notice to vacate by April 30 (at the earliest). If he is not out by then on May 1 the homeowner (or their rep) needs to file for an eviction order in local housing court.

Then file the process from there.

Sounds great but it's an illegal apt and the govt will get after him for back
Rent which he never got... but still the apt is illegal. He is as poor as as
Dormouse and can't afford any trouble.

Originally Posted by talaniman

It doesn't matter what he has done, if she serve lawful eviction, he's gone. If she wants to sell she evicts him.

Not that easy... we're dealing with an illegal apt.

ScottGem · Mar 15, 2015, 11:11 AM

Jammy, that's not necessary true. He treats him as a roommate. While he doesn't need a reason he just tells the court that he has a buyer for the house and he needs to leave before the buyer will close. It is a possibility that the government will come after him, but unlikely. If he hasn't been receiving rent then they won't go after him for it. But that's his ONLY choice. Either he gets him out or he says goodbye to the sale and puts up with this guy for the rest of his life.

An illegal apt, is a totally separate apartment, separate entrance, full bathroom and kitchen. It also one that he is renting at market rates. That's not the case here. So again I doubt if the government would come down on him.

J_9 · Mar 15, 2015, 11:16 AM

Jammy, you are thinking too hard and making this harder than it really is. Cut the drama. Simply put, your friend serves an eviction notice, then follows through. It's really as simple as that. Your friend isn't trying to get codes enforced for the so-called apartment, he is only filing for an eviction.

joypulv · Mar 15, 2015, 03:23 PM

'the govt will get after him for back
Rent which he never got'

Wow, you give the gov't too much credit. They (IRS) won't even KNOW what goes on in your local eviction court.

I don't know who is using scare tactics on you, but ignore them, and EVICT!