Trying to help my aunt

[steve2002]

My aunt has a tenant that refuses to pay rent.By the way we live in nyc queens. Is been a month already that the tenant doesn't pay rent. According to the tenant, the tenant has the right to live for free for at least two months wich the court allows. There is no lease written wich I guess falls into a month to month basis. She is planning to take the tenant to court ( She alredy served her with a paper asking for the rent or vacate in a return receipt letter). My only concern is that the property where they live has a CO (Certificate of occupancy) of one family and my aunt modified the structure to a 2 family dwelling. The apartment that the tenants use has not been modified at all. My aunt made an extention of the house and thats were she lives. Can the tenant claim in court that the building does'nt have the proper CO and therefore unproper for people to live there and nevertheless and more important my aunt can't charge rent. What is her best approach to this dilemma.

 

[Michael Wechsler]

There is absolutely no "right" to live free for two months in someone else's home that I am aware. Your aunt can and should evict this person. However, she will likely subject herself to fines due to renting to a tenant when she was not lawfully able to rent to her. The tenant may know this and will tell your aunt where to go since she knows the situation and is taking advantage of the fact that going to court will be a painful remedy.

However, you really have a choice. Either get her out now and pay the fines (find out what they are first) and use the court system, or attempt to get an approval for a multiple dwelling and then use the court system.

 

[steve2002]

Thank you very much thelawprofessor for your response. I spoke to my aunt last week and she hire a lawyer. Notice of termination was serve to the tenant. Lets see was the outcome.
thanks again Thelawprofesor

 

[Michael Wechsler]

You are welcome.