Franklin Square, NY asked in Landlord - Tenant for New York

Q: is there a way to evict a family living in your basement without a lease and it is illegal to have tenants living there

we have a family that we told countless times to leave because we need the basement and they told us that theyre going to leave in a couple of months and they never leave and they are loud and dont respect rules of the house

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: A large percentage of basement apartments are not legally permitted. In order to determine if the basement apartment in your building is permitted, you can start by obtaining a copy of the Certificate of Occupancy.

Regardless of whether the basement apartment is legal, a property owner has a right to bring an action to obtain possession of the premises from a non-owner family member. Depending upon the circumstances, the owner may have to bring an ejectment action instead of a summary proceeding in Housing Court.

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