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I am sorry to hear about this unfortunate situation.
What is the reason the tenant failed to pay last two months rent?
yes..long story but they were told they had to leave because I was told the apt was illegal because it was a basement apt and to be used for family and not separate families...but I waited till their lease was up and its Nov 1st..they said they would be out but havent paid last two months
Did you place the security deposit in a separate bank account?
was the apartment actually illegal?
I work for the city and they know me and told me they shouldnt be there unless they are related to the upstairs tenant..which they aren't...the problem started because both tenants didn't get along and police were involved,,,the city is being easy on me but want them out. The house is with a permit stating it as a single home with two kitchens...it is habitable but not as a two family
Thank you for your follow up.
Did you have two separate written leases with both tenants?
Well, that can be a serious issue, if you were renting out an illegal apartment to this tenants.
The tenants might be able to pursue legal action for their relocation costs and also generally would be entitled to the full return of the security deposit, even if they failed to pay rent.
so do I take a loss completely if they have lived there the whole year ?
Well, they did pay for 10 months?
of course tho I haven't checked the unit for damages yet
So is not a lease binding or not if its an illegal apt.
Well, the issue with illegal rental apartments, that because it is illegal to rent such apartments in the first place, the landlord simply is not afforded all the protections under the law, which would be there is the apartment is legal.
Did this tenants threaten you with any type of legal claim?
verbally they say they want to take me to court but they stayed the whole year of the lease...I didnt kick them out before their lease was up
I would suggest that you consult with a local landlord tenant law attorney and have this attorney settle the matter with this tenants, where you might agree to return their security deposit in exchange for full release from any further liability by this tenant.
Does this make sense?
I suppose if I am protected from any legal action I would swallow the security but they are young adults who have had trouble with the law and they may be blowing hot air
I completely understand that.
But also, generally it would not be a good idea to take a risk of being sued and facing some serious damages.
Wouldn't you agree?
true...just dont know my next step
Well, I would suggest that you contact a local landlord-tenant attorney and have this attorney negotiate a resolution with this tenant and also to prepare and have the tenant sign a full release from any liability in exchange for their security deposit or similar arrangement.
What type of position do you have with the city?
I made a mistake and am willing to forgo a sue but do I need to pay a lawyer for this?
Well, it should not cost a lot to get this matter resolved, but the fee for the attorney would give you the peace of mind that the matter is properly resolved.
I work for the school food service through out the city ...I am well like by many of the city officials
Of course it is up to you to decide what you want to do in this situation.
well that is great, but at the same time, I am sure you would not want any controversy associated with this situation.
Does it make sense?
of course I am a person who wants to make things right and not cause any more conflicts
I have seen many of similar situations with illegal apartments develop into serious legal claims and it is always better to get the matter resolved, and not risk litigation costs or potential monetary damages that can be awarded to the tenants.
Do you have any related follow up questions?
with the lawyers help am I to wait till the tenants move out and have 30 days to resolve this ?
the issue can be addressed right away and local attorney can also make sure that the tenants do move out as scheduled and agreed
You can find an experienced local landlord / tenant law attorney by using this well trusted and reliable attorney information / referral websites:
thank you I may have someone in mind.
That is always a good idea to consult with the local attorney that you know and trust.
Do you have any related follow up questions for me?
I guess not
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