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needhelpin_ny

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Posts: 12
Reply with quote  #1 

Ok, high everyone. here's an update, I wrote about my tenant with the pitbull, and the other one in the basement. I haven't seen the dog since I sent a letter, so that's good. I started eviction proceedings with the basement tenant. My other tenant I guess was mad at me, so she called the city and they're coming to inspect it soon. I found out the procedure and feel better now about the whole situation. The fine is $800, pplus a court date to tell us to restore it to its original condiiton, which is fine with me, cause I know I NEVER want to deal with basement tenants again! Now here's my quesiton. The inspector told me when we go to the hearing, they will issue a 72 hour vacate order, and order all plumbing, electric, etc. removed.  The Court order to vacate takes priority over the eviction process, but what happens if they don't want to move? Is it legal to get a Marshall because I have a legal obligation and court order to vacate. I know this one is for the lawyer, which I do have, but its a burning question I have and can't reach the lawyer until Monday. Thanks all

OHlandlord

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Posts: 3,814
Reply with quote  #2 
If the city issues a 3 day and the tenant refuses to leave, you will have to evict him, just as you are planning to do now.  While it takes priority over your case, if the tenant refuses to move you probably still have to evict him unless the city is going to come and enforce the order (which I doubt). 

You should be able to keep a couple outlets down there (for a sump pump, shop vac, shop light, condensate pump for the furnace, etc.) but will have to remove most.  The same goes for water.  You can leave water access for a basement laundry hookup, a laundry (clothes soaking) sink, or a humidifier hook-up, and might be able to leave the bathroom, but will certainly have to remove the kitchen sink, etc.  (You may need to get a permit for the extra water or electric down there, just as if you were making an improvement to the property.)
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