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rental tenant in coop-how to evict

Started by uwsbuddy
about 16 years ago
Posts: 3
Member since: Dec 2009
Discussion about
I am a shareholder in a coop. The building has about ten tenants who did not buy in the 1980s so are renters One lady is crazy and will not give key to super and will not allow access to her unit. She is leaking into the bathroom below (bubbling paint and small drip). What can be done? Thanks.
Response by ootin
about 16 years ago
Posts: 210
Member since: Jul 2008

NYS Multiple Dwelling Law governs.

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Response by ootin
about 16 years ago
Posts: 210
Member since: Jul 2008

If drip gets bigger, especially if it is near an electrical fixture, a call to the fire department will send some friendly men to whom access can not be denied under any circumstance.

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Response by 30yrs_RE_20_in_REO
about 16 years ago
Posts: 9881
Member since: Mar 2009

There is very specific case law about tenants not giving keys. But there is also very strong laws about getting rid of non-purchasing tenants. If your lawyer doesn't already know about it, time to get a new lawyer. If you think you are going to evict ANY non-purchasing tenant without spending money on a lawyer, forget it. So it's time to spend that retainer and get cracking before you have a bigger problem.

Also remember that unless the Coop owns the unit, you have no direct relationship with the tenant and will need to go after whoever holds the Stock and Lease rather than the subtenant/non-purchasing tenant.

____________________

David Goldsmith
DG Neary Realty

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Response by Jazzman
about 16 years ago
Posts: 781
Member since: Feb 2009

no chance to get this person evicted - none -

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Response by unnamed
about 16 years ago
Posts: 48
Member since: May 2007

We had a similar rental tenant in our co-op who had a fire in his unit, and even after the fire was put out, it was almost impossible to get him to allow access to the unit to clean up the damage. It took 4 months and two sets of lawyers until finally the idiot relented. Even though the fire was his fault, he refused access unless the co-op agreed to help pay for the damage since he had no renters insurance. Based on our experience, you're probably stuck with her.

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Response by Squid
about 16 years ago
Posts: 1399
Member since: Sep 2008

I hate those good-for-nothing assholes. Unfortunately it's nearly impossible to get rid of them unless and until they die. The eviction laws are way too tenant-friendly, IMO. No one should be allowed to live in a way that puts their neighbors at risk.

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Response by stevejhx
about 16 years ago
Posts: 12656
Member since: Feb 2008

"She is leaking into the bathroom below."

Margaret Hamilton lives in your building?

And no - rent-regulated dwellers are called "The Unevictables."

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