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rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 38353
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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I own a home in the Bronx and have allowed my first cousin

Customer Question

I own a home in the Bronx and have allowed my first cousin to move in my home in the first floor apartment for free. That was from 1999 to 2013. After that time I started charging rent...because she moved four additional people into her apartment. Needless to say as time went on...things went from Good to bad to worse.
I have repeatedly asked when they were moving, and they would lie telling me they were searching for a place ...but I know they weren't. They are nasty housekeepers. I had to hire an exterminator in order to fumigate their apartment so the insects would not travel to my upstairs apartment.
They have never cleaned the burners on their stove which caused the pilot light to corrode causing gas to escape. My tenants do not have the use of their stove because they have never cleaned it, thereby rendering their stove inoperable. My alarm system alerted the FIRE department about A carbon monoxide leak while I was on vacation. Needless to say the fire department had to come to my home while I was on vacation in order to rectify a horrible life threatening situation.
A new stove must be installed. I have been trying to get them out of my home for six months. Their lease expired some time ago...July of 2015. I have not given them a lease since...so when I personally served them an eviction notice on the third of November, that notice had a lease date of June 2016...trying to be nice to them since they are family, despite their actions towards me and my home. They do not pay light, gas, or water. Those utilities fall under my responsibility.
Long Story short...do I have the ability to evict them? Do I have to buy them another stove? What say you?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  rayanswers replied 3 months ago.

You have the ability to file for eviction here since you gave them proper notice.You are not required to fix the stove but can pursue eviction based on their past actions.Once you have evicted them here you can proceed to repair the stove if you are wanting to release the property.

You have good facts to do this and get them out through the eviction process.I do not see a problem you just need to go on and file and have them served.

I appreciate the chance to help you and am sorry you are having to deal with all of this.