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Updated almost 6 years ago, 01/31/2019
Charge rent while evicting
I bought a house in a auction in NY that is occupied by the former owner, it’s an 60yo lady who is not willing to leave the house, even though I tried to negotiate. She has a lawyer now, can I charge her rent while shes living there? I heard eviction in NY can take up to 6 months. Thank you in advance, any info is appreciated.
I do not think that would be allowed in Oregon as there is no lease agreement to determine the rent she would pay. I would think that if you go through the eviction process you can try to recover damages though. I would do you research on the NY laws regarding this and also do some research as to the fair market rent you could be receiving in a tenant was in place. The court may award you the damages.
Good luck, I know it's frustrating.
@Larissa Pacifico may be a dumb question, but if there is no signed lease agreement, isnt she trespassing? She is living, unlawfully, in a property that she doesnt own. Couldnt you press charges and have her arrested?
@Jason DiClemente good point but I don’t think so, NY is a state that only protects who is wrong. I will talk with more lawyers because like you said it’s obvious she cannot live in the house specially if I tried to help her, I even found her a place to live and would help with rent first months.. but anyway all lawyers says we have to go through eviction process and it can take 6months.. more it takes more money I will spend.
@Catherine Emert all lawyers tell me the same, but it’s hard to believe how people can get away with that..
Sadly it happens often.
I am sorry you are dealing with this.
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@Larissa Pacifico evictions are a part of real estate investing, and unfortunately, in tenant friendly states they can take a while. Make sure you have an excellent attorney, but don't just trust that the attorney will take care of things. Ask a lot of questions about the deadlines, double check to make sure things are being checked off the list, and stay involved in the process. I recently completed an eviction in the Chicago suburb of Berwyn which is in Cook County. I had people tell me evictions take 4-6 months, etc. From start to finish, the whole process took right around 2 months, and I now have possession of the unit.
You will need to evict the former owner. Since there is no lease you probably can’t charge rent. Here in Illinois which is very tenant friendly you would need to evict and unfortunately it may take up to 6 months. Buying occupied foreclosures creates at times difficulty in removing a tenant.. You might want to try cash for keys. Could be way better than going through the eviction process. It’s probably worth 2-3 thousand dollars to remove her. No money is given till she moves out and you need a formal written agreement.
Good Luck.
This is not legal advice but from my understanding in NYC you can charge rent during an eviction as long as youre not evicting for unpaid rent. You must also make sure that you document on the receipts that you are retaining rights to proceed with eviction. As always please consult your attorney
Your post sound like this will be a rental property and not something you wish to move into yourself.
First I would want to know how the unit came up for auction. A foreclosure is one thing. A tax auction is something else. An auction company from her boyfriends estate is even a third can of worms.
You may need more than one type of attorney here but get expert legal assistance. Do your own due diligence and find the right attorneys.
The resident's age has nothing to do with this. Do not let this get caught up as an age discrimination lawsuit. That will slow you down even more.
Report this situation to the police. Be the first one to report it. Give them all the facts. Don't let her have you arrested as a stalker or whatever. Never go tho the house alone. Always ask for a police escort.
She may be a squatter, but in some states they end up having more rights than the owner. Be as careful as you can.
Give her a written cash for keys offer. She probably will not accept but make the offer in good faith.
Protect yourself at all times. This could go real bad real quick and then the house will have cost you more than it is worth.
Check with your attorney about serving her with notices. Notice of rent may or may not be legal. Try to find a way to get her on the hook for rent. Then when she does not pay it you may be in better shape.
@George Skidis thank you so much for the tips. So, yes it’s an investment, I mentioned her age because a lawyer told me if she had kids that goes to school district it could take even longer for a reason. I don’t plan going there anyway, I am talking with lawyers but sometimes I come up with best ideias than them.