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…
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!
dibs is absolutely correct – the cops are complete pansies and in no way are to imply anything legal/illegal if its not on their dumbass cheat sheet. way too much liability for any city employee to touch the subject. no way in hell.
you need muscle. if they have no documentation you need someone who will show them the door. this is what retired cops / detectives do for real money. they walk in and intimidate, get them out and make the onus on the “tenants” to prove whatever they need. but not cheap unless you know someone who will do you a favor.
either way, you need to decide how you are going to spend the money to remedy the situation – lawyer or bully – because you definitely should not do it yourself.
http://bk.ly/bbS
Please do not follow the advice here. You need a real lawyer.
In New York City everyone has the right to process if they can argue that they have lived in a place more than 30 days. So there is no self-help evictions like BXGRL describes (which is wrong in a number of respects). I am sure we can all imagine situations where that protection would make us more sympathetic.
There is no fast way to do this.
You are not saying whether you accepted rent from them, but the fact your mom took money fro
the city as rent and lives next door makes it grey enough that the police will not intervene. In other words, your case will have to go in front of a judge for determination of facts, ie are they considered tenants, if so what is the proper and legal way to evict them, how much notice do you owe them, etc. You have an added political problem because they are otherwise homeless and have children.
You can follow Vinca’s most excellent instructions, hire a re lawyer specialized in landlord issues or offer your “friend” money to get going.
I would offer 6- month worth of rent if they move by the end of December, 3-month worth if they move by the end of January, nothing if you have to evict them and hire a lawyer. Give them 24 hours to make up their mind.
What actual evidence is there that they have been there for 30 days. You’re under no obligation to support that claim on their behalf. It is up to them to prove.
I hate to say it, but no good deed goes unpunished. How sad, when you help people out, and they act that way. They should be so thankful they have a roof over their head, they should be kissing your feet!
Truly unbelievable. My blood is actually boiling as I think about your predicament. Some friend. It makes me want to simply put several deadbolts in place while they are out, and then if they say they lived there, say, “huh? They were guests off and on because their apartment at my mom’s was small. They do not live here.” (slam).
Yes, sadly and bizarrely, it’s true: without a roommate agreement, once your friend, lover, cousin, best friend’s cousin, whoever, has lived in your apartment for 30 days, you (and NOT the landlord) must begin eviction proceedings if they refuse to vacate on their own. There are several organizations you can contact. See:
http://www.housingnyc.com/html/resources/legal2.html
Citywide Task Force on Housing: http://www.cwtfhc.org/for-tenants
South Brooklyn Legal Services: http://www.sbls.org/index.php?id=16
Regardless, I strongly recommend you visit the help desk at Brooklyn Housing Court for accurate and free information: http://www.courts.state.ny.us/courts/nyc/housing/resourcecenter.shtml
Rather than paraphrase a lot of complicated material, start by reading:
http://www.tenant.net/alerts/articles/roommates.html
http://www.nycourts.gov/courts/nyc/housing/unlawfuleviction.shtml
http://www.tenant.net/Rights/CTRC/ctrcf003.html
This is a short excerpt from near the end of the first link: “…If you are the tenant of record and your roommate is not, and you would like your roommate to leave, and your roommate has been in the apartment for more than 30 days, and your roommate refuses to leave voluntarily, then, unfortunately, you have only one recourse — a formal eviction proceeding….”
Make sure you read the 3rd link carefully. If YOU use force, harassment, illegal lockout, etc., YOU expose yourself to liability for damages and penalties.
http://www.ehow.com/how_4815606_evict-someone-living-home.html
According to ehow.com you can do this- but check local laws first:
1.
Step 1
Obtain a blank copy of an eviction notice form. You should be able to make a photocopy of a blank one at your local library, or your could go to an online forms site, such as Free Legal Documents. You will find the link in our Resources section.
2.
Step 2
Fill out the eviction notice. You should include the name of the tenant, the address and the reason for the eviction. You should then sign it. Remember not to add anything of a personal nature in a written eviction notice, even though it might be tempting. Keep it entirely businesslike.
3.
Step 3
Give a copy of the eviction notice to the resident of the home and have them sign and date it, as well as the copy you keep for yourself. In the United States, typically, if the individual has a lease or is paying rent, you must give them anywhere from a 30 or 60 day notice, depending on the laws in your state.
4.
Step 4
In the event that tenant fails to vacate by the required date, call law enforcement and have them bodily remove the individual.
5.
Step 5
Provide the officers with proof that you are the owner, that you have the right to have the person removed from the property, and that they have been properly served with an eviction notice.
google “evicting someone who lives in my home”- there’s a lot of information out there but ALWAYS CHECK with a lawyer. Good luck-