What to do if I have a relative staying in my basement but they now refuse to pay rent?
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What to do if I have a relative staying in my basement but they now refuse to pay rent?
My partner bought a house with a separate basement unit. He was helping his sister from a different town who was going through a tough time; he paid her shipping costs of over $5,000 to ship all her furniture. He requested $800 month for a 2 bedroom unit with separate kitchen/full bathroom. Also, he requested her to share 1/3 of the electric and gas bill. She’s been staying with us for 4 months but has never paid a pennyand she has with no intention to move out.
Asked on February 24, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The sister would be considered a tenant, not a guest, since there was an agreement that she would pay rent. However, a tenant who does not pay rent may be evicted. She should not even have to be provided notice first; when a tenant does not pay rent as per the agreement (whether a written lease or an oral agreement), the landlord (that's you) can immediately file a complaint seeking eviction. You should therefore bring an eviction action; based on the facts you recite, you should win, and be given a judgment of possesion, after which the sheriff, constable, or similar court officer will lock her out.
It is fairly straightforward to do this, and you can can find forms, instructions, time lines, etc. through your local court. However, since family is involved, it would be a better idea to "depersonalize" the issue somewhat and retain landlord-tenant counsel to help you. Good luck.
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