Hi all. Question on a complicated situation. The senior citizen tenant next door (rent stabilized ) in the building got sick and moved to an old age home. That was four years ago. The sister lives in Europe and became her guardian and she has made numerous trips to clear things out. Things have actually been cleared out and she has written via email to the building management saying that she is... [more]
Hi all. Question on a complicated situation.
The senior citizen tenant next door (rent stabilized ) in the building got sick and moved to an old age home. That was four years ago. The sister lives in Europe and became her guardian and she has made numerous trips to clear things out. Things have actually been cleared out and she has written via email to the building management saying that she is out and the apt is back for possession.
The owner proceeds with the sale of the unit with me. After reaching a deal, the owner realizes from his lawyer that no formal letter was signed by the guardian. He then goes to ask for that official signature and now the guardian is somehow not being cooperative.
I want the contract drafted and so does the owner. But the guardian is being such a pain and being in Europe, the situation is very annoying. (The guardian also owes quite a few years of back rent )
Question is : if the owner takes this to court, how long does it take to formally "evict?"
I just can't believe that email alone wasn't enough to prove that she is out!
Any help or insight would be appreciated.
Thanks.
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Response by CCL3
over 9 years ago
Posts: 430
Member since: Jul 2014
Eviction normally takes a few months with court hurdles but there are complications with rent controlled tenants. Perhaps the owner can get a declaratory judgment from the housing court that the tenant has died and her successor (sister) has abandoned the apartment by moving back to Europe, so that possession of the apartment has reverted back to the owner.
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Response by theUESider
over 9 years ago
Posts: 14
Member since: Sep 2009
Thanks CCL3 the actual tenant is still alive but is suffering from Alzheimer's and prob won't be back.
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Response by fieldschester
over 9 years ago
Posts: 3525
Member since: Jul 2013
You should not be purchasing this apartment.
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Response by CCL3
over 9 years ago
Posts: 430
Member since: Jul 2014
Oh, sorry missed that she went to old age home. You can probably do the same thing and just say she vacated to move to long-term care facility.
Eviction normally takes a few months with court hurdles but there are complications with rent controlled tenants. Perhaps the owner can get a declaratory judgment from the housing court that the tenant has died and her successor (sister) has abandoned the apartment by moving back to Europe, so that possession of the apartment has reverted back to the owner.
Thanks CCL3 the actual tenant is still alive but is suffering from Alzheimer's and prob won't be back.
You should not be purchasing this apartment.
Oh, sorry missed that she went to old age home. You can probably do the same thing and just say she vacated to move to long-term care facility.