how difficult is it to have tenants move out?

[meowee]

We are still house hunting... I like one property that has three studios in the basement (there is a high possibility they are illegal studios as the house is legally a 1 family).

How difficult is it to have the tenants move out? My husband says that it can be impossible and that we shouldn't get involved with the property... to me it sounds straughforward... if there's a loophole in the lease allowing it to be broken upon sale, do so; if not, wait out the lease. If there is no lease, give them 30 day notice. There's also a high possibility that the people living in the studios are not legal immigrants... does this make a difference? I mean could we actually get in legal trouble for renting to illegal immigrants?


TIA!

[Benjismom]

It depends tremendously on the laws and attitudes of the courts where you live. I live in NYC, and the housing courts here are extremely pro-tenant as well as very backlogged, so an eviction (which is the procedural mechanism you would use to get someone out who isn't entitled to be there under the lease, or who is a month-to-month tenant without a lease) takes 18-24 months. Here, someone considering buying a property who doesn't want to keep the tenants in place generally negotiates to have the property delivered vacant and to have liquidated damages payable by the seller in the event the property is not delivered vacant. If I were you, I would try to talk to some landlords or get information (maybe via a local homeowner discussion board if you have one) about how things work in your area, including how willing the sheriff's department is to assist with evictions, which can be necessary if a tenant refuses to vacate.

I wish I knew the answer to your question about the legal status of immigrant tenants. I know a few areas have criminalized renting to illegal alients via local ordinances, but I think there are some court challenges brewing so I don't know whether these rules are being enforced.

Beth
DS (almost 7), DD (4)

[meowee]

Thanks, I am in NYC too. I can't imagine having three families living in my basement!

[p.s]

from what i have read on a few forums, being a landlord in nyc is a PITA.

[meowee]

Maybe we could arrange to have the house delivered vacant... I'm certain they're illegal anyway, the house dimensions aren't that big but there are 3 studios in that basement. We're going to look at it on friday.