Home Buying in Bushwick>Question Details

myriam2m, Home Buyer in Brooklyn, NY

how can I get a basement person out. Space was for one person, the person brought in 4 others and built walls without permission

Asked by myriam2m, Brooklyn, NY Thu May 9, 2013

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Wilfred Matias’ answer
You definitely have a problem here.

Your situation is quite common and one that I have faced many times in the past as a former Real Estate Appraiser. If your area is not zoned for a basement apt and I believe it may not be. you will definitely run into major woes such as;
a. IRS - Failure to report rental income from this (illegal?)unit. Tax Evasion
b. You may also be ordered to reimburse the renter for all the rent money you have collected if this unit is deemed to be an illegal one.

I suggest you retain the services of an experienced Real Estate attorney that has handled this in the past. In either case, this is going to be a protracted process.

Good Luck to you.


Wilfred Matias
Licensed Commercial & Residential Sales Agent
Metropolitan Residential Partners, LLC
139 E 61st, Suite 2W
New York, NY 10065
Proud Members of REBNY
0 votes Thank Flag Link Wed Jul 10, 2013
You have a serious problem and it will not be an easy remedy for you. 99 percent of basement apartments are not legal and the steps for eviction will be long by any measure. Speak to an attorney on the best approach to commence. You will probably file one of two actions ..either a holdover proceeding or you will be directed to file a ejectment proceeding in the Supreme Court. Your attorney will be better to explain the differences to you or if you wish you can call me at (347) 362-6080. It would take up too much space to write it out..good luck
0 votes Thank Flag Link Fri May 10, 2013
Dear myriam2m:

Quite often when a homeowner rents out a basement, it is not a legal apartment. In addition to that, if you are renting out an apartment and not reporting the rental income as income to the IRS when you do your taxes, that can be considered tax evasion. If either of these things is the case with you, it can make getting rid of the tenant more problematic and/or stressful.

The bottom line is that you need to contact to good landlord tenant attorney to help you asap. Good luck!

Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665/ Cell: (917) 805-0783
Email: MitchellSFeldman@aol.com
0 votes Thank Flag Link Thu May 9, 2013
Consult with an attorney who specializes in real estate, he/she can better advise.
0 votes Thank Flag Link Thu May 9, 2013
Call an eviction attorney who can begin the process.
0 votes Thank Flag Link Thu May 9, 2013
Evict the person for violating the terms of the lease.
0 votes Thank Flag Link Thu May 9, 2013
Don Tepper, Real Estate Pro in Burke, VA
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