All Forum Posts by: Ryan McGrath

Thank you all for the excellent replies and info! 

@Kim Meredith Hampton the lease ends in February. At that time can I give notice of non renewal to only the tenant not on the lease? Or is this more of a trepassing issue and should be handled by the local police?

@Nolan M. that's exactly the feeling I'm getting! I'm playing the role of counselor! It's a domestic issue that they want sorted out by me. Like I said, I have no issues whatsoever with either tenant other than the tenant who pays rent and is the only person on the lease wanting the other tenant out

Hello BP!  I'm hoping someone can help shed some light on a recent tenant issue I've come across.  

I have a property that I purchased already rented and now some of the existing tenants are having personal issues.

There is a couple living in one of the units, and only one of them is actually on the lease. The person on the lease wants the other person (not on the lease) out. 

Both of them have been living there for years at this point and my question is how do I go about removing the person NOT on the lease? Is that a formal eviction process or is this something that the tenants have to work out themselves?  Apparently, the tenant on the lease called the cops to have the other person removed and the cops said that an eviction needed to be filed.  

I personally have no issues with either tenant.  The tenant on the lease wants me to serve the other tenant a 30 day notice but I am not sure if this is the correct way to go about this.  Also, the tenant on the lease pays the full monthly rent and said that they will not renew if this isn't resolved.

@Artur Kadesh Thank you for the info!  I have heard of that happening with multi-units that are vacant for over 9 months. 

The house is definitely a 3 unit legally and I have an updated and current C of O with the city of Rochester.  The issue seems to only be related to the use of the 3rd floor as living space.  I wasn't sure if someone else had experienced an issue trying to use the 3rd floor as living space also, and if so, how they went about getting it approved.

The house is legally a 3 unit.  The 3rd floor was finished prior to me purchasing the property and is not being used.  I would like to conjoin the 3rd floor with one of the legal 2nd floor units to increase floor size and am wondering if I need to have a variance in order to do so...hope that makes sense.

@Adam Pancione No, at this time I have not spoken to a real estate attorney, only to the city directly

Am I wrong in thinking that I need a permit/variance to allow that space to be used as "living space"?  I realize I don't need a permit to add the connecting wall, but I was under the impression I need permission to use the space for C of O purposes?

@Anthony Imburgia Thats the thing, it has a full fire escape for the 3rd floor giving it 2 means of exit.  They didnt say anything about a bedroom on the 3rd floor being an issue.

The house is a legal 3 unit and I believe the reason I was denied was due to the R-1 zoning.  From what I understand they don't want to increase the number of residents in the area.  As it sits now, the 3rd floor is a useless space when it could easily be converted to an additional living space.

Hello BP, I'm hoping someone can shed some light on an issue I'm encountering.  

I have a 3 unit property, 1 unit on the first floor and 2 units on the second.  There is a full 3rd floor that has previously been finished with a full bathroom, bedroom, living room etc and has its own access from a common hallway.  

What I would like to do is to conjoin the 3rd floor unit with one of the 2nd floor units therefor expanding the size of the existing unit and adding a bedroom (this would be an easy conversion basically just adding a wall to join the 2 units).  I approached the city of Rochester about this and was promptly denied due to being in a R-1 zoning district.  I then applied for a variance and brought my case in front of a panel, who also denied my request.  I have the option to appeal the decision but am wondering if there would be any information I can supply to strengthen my case (possibly a petition from the neighbors?).  Has anyone had luck getting approved for 3rd floor occupancy?  If so, how did you go about it?  

I appreciate any feedback!