Landlord

Friend in Need Turned Squatter

My friend and her family (3 kids and husband)were living in a homeless shelter when she reached out to me. We were BFF in high school. My mother, who could use the money offered up a room in her home next door, compensated by the city each month $450 ($225 2x ea. month). It was…

by rzvaun
12/18/2009

My friend and her family (3 kids and husband)were living in a homeless shelter when she reached out to me. We were BFF in high school. My mother, who could use the money offered up a room in her home next door, compensated by the city each month $450 ($225 2x ea. month). It was too cramp and I had them come stay with me in september. During this month of Dec., things were getting out of hand. The Arguments, lack of respect etc. and I told them things were not working out, that they should find another place and leave. I was told by them and confirmed by the police (they called them) that they had a right to be there. That, since they lived there for over 30 days and could prove it, that I was now their Landlord!!! I hate to throw the kids in the street but things are more intense than ever. One of the husband’s friends threatened my mother with bodily harm and now we need an order of protection. Can that be had at the local precinct? Also, how do I get these people out of my house? We even offered them the original room at my mother’s initially (in writing but they refused). She returned the first check from the city after the problems began and I have never received any money from anyone; them or the city.
I am going monday to landlord tenant court. Meanwhile, do they have a right to have company in my house? Is that part of the 30 day whatever, deal? Is there a faster way to get rid of this false friend and her family?
Help!

Landlord

Comments

  1. Richard–

    I’m a writer with Habitat magazine, doing a story on landlord-tenant-court horrors. I’d like to include your situation in the story, in order to help and warn other people.

    The magazine — a respected 28-year-old print publication — is online at http://habitatmag.com.

    You can see its Wikipedia entry here: http://en.wikipedia.org/wiki/Habitat_%28magazine%29

    I’m still actively working on the story today, Tues., Dec. 22, so if you’d can and if you’d like, please contact me at flovece@habitatmag.com

    Thanks,
    Frank Lovece

  2. Richard–

    I’m a writer with Habitat magazine, doing a story on landlord-tenant-court horrors. I’d like to include your situation in the story, in order to help and warn other people.

    The magazine — a respected 28-year-old print publication — is online at http://habitatmag.com.

    You can see its Wikipedia entry here: http://en.wikipedia.org/wiki/Habitat_%28magazine%29

    I’m still actively working on the story today, Tues., Dec. 22, so if you’d can and if you’d like, please contact me at flovece@habitatmag.com

    Thanks,
    Frank Lovece

  3. Spoke to my friend who’s a lawyer. This is what he has to say:
    If they didn’t pay rent then they aren’t a tenant. They might have a right to occupy the premises (not as a tenant) but because they were invited in and therefore aren’t truly squatters. RPAPL §713 says they must be given a 10 day notice to leave. It must be served in a proper way which does not include slipping it under the door as one poster suggested. When they don’t leave after that, then they go to landlord tenant court at 141 Livingston and bring a holdover petition – and that must also be properly served.

    They don’t need to serve a 3 day notice as another poster suggested – that is a statutory requirement for a nonpayment proceeding – not a holdover proceeding. In fact, a three day notice demanding payment of rent would be inconsistent with a notice demanding that they vacate the premises.

  4. You will most likely have to go to court to evict them which can be a VERY long process. Unfortunately, they have more rights than you do!

  5. It is awful and putnamdenizen- what I posted was what a lawyer posted on a law website but as I noted, the only real way to deal with this is to talk to a lawyer. I made it clear I in no way thought the OP should just follow what it said. Thought I would make that clear since you didn’t bother to read my whole post.

    And for the record- this law is outrageous- especially if you invite someone into your personal home (not an apartment you may own) as a guest.

  6. This is bringing back the aftermath of Hurricane Katrina for me. My husband and I really wanted to help a family with kids we saw on a site trying to make such matches, by giving them shelter here until they got on their feet. We checked with our attorney who essentially advised against it based on the automatic 30 day guest-to-tenant laws in NYC. We were too chicken to take the chance of something like this happening. So we wrote a check.

    Btw, the whole “only getting one side here” argument is not helpful. I think it is clear that this guy is getting screwed by an old friend who isn’t paying rent and has made herself and her family comfortable in HIS home. It is awful, period. There really is no other side, even if he’d behaved badly, it is HIS home. And if he wants guests to leave – if ANYone asks guests to leave – he/she should be able to do so immediately, without spending a fortune and risking home and possibly safety in the process. This is insanity.

  7. clearly the rzvaun knows the situation (30 days guest clause becomes tenant) and looking for alternatives since there were threats made inside the home.

    i think everyone knows that posts are sometimes one sided. in this particular case there are questions of the mother was accepting rent on an uninhabited apt., is something gamed etc. in which case forceful removal could be expensive. but sometimes avoiding rigor mortis is more pressing matter and you’ve gotta do what you’ve gotta do. sometimes risks are worth taking.

    i think a lot of the reaction here (mine included), is that it is sad that any guest over 30 days can have an implied lease and tenant rights without any legal consideration (meaning rent). unfortunately, we live under a system that has the nasty side effect of forcing you to refuse help to a friend you really want to help. who can get on their feet in 30 days? few people that would need my help, that’s for sure.

    this is the reality i think really gets people upset and is why you see some of the responses here. you want to protect tenants but because everything is so archaic the nice guy gets completely annihilated.

  9. I suspect the serving of the 3 day notice will be enough for these people to see the “writing on the wall”. At that point making an offer to leave sooner than the inevitable eviction might be listened to. People like this don’t have the capacity to answer in court. Make sure they understand that the offer diminishes every day they linger.
    You can serve the 3 day notice yourself (with a witness) to speed it up.

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