Thursday, March 15, 2012

Squatter's rights to someone else's property

From 1010WINS:

A landlord in the Ozone Park section of Queens says that the court system is completely unfair to landlords, and he cites one specific example to prove his case.

Since July, Rene Mediavillo has been trying to evict the woman who is currently occupying his two bedroom walk-up on Liberty Avenue.

Mediavillo is so fed up, in fact, that he has a new name for the “squatter” that lives in his building: “The professional tenant from hell.”

According to Mediavillo, four trips to housing court has resulted in four adjournments, and the woman still hasn’t moved.

“She’s still living there, she doesn’t pay rent and she doesn’t offer to pay rent at all,” Mediavillo said.

Help Me Howard has the full story.


Anonymous said...

This unfortunately is quite common where folks go to landlords who don't use RE Brokers to screen financials,criminal backgrounds and previous landlords references.

What they do is pay first and last month rent and after the 3rd month of paying rent fall behind slightly. This continues until they are a month behind and suddenly stop paying rent altogether. At this point the landlord hires an attorney and it usually takes 6 months (no rent coming in)until the Marshall posts an eviction sign on the tenants door. All told - free rent ride for 8-9 months of 12. Tenant repeats process over & over elsewhere.

Anonymous said...

turn the water,heat,lights,ect ect ect OFF

Anonymous said...

What a load! I was a landlord for 20 years and it only took me a couple of months at most to get rid of holdover tenants. There's something else going on here.

Joe said...

"takes 6 months (no rent coming in)until the Marshall posts an eviction sign"
Yeah and another possible 6-12 months on top of that if a "stay" is granted if :
1- An infant or a child in school is involved, 2- Woman is pregnant.
A Marshall's eviction notice is then piece of toilet paper.
Sometimes it takes more hearings (after eviction notice)for the court give a Marshall the use of physical force and to toss a woman out.
The judges always side with women and elderly in most states like New York, Florida and California.

I had this problem once.
The F_CKING pinko female immigrant judge said I wasn't suffering any grave financial burden with no mortgage, 3 cars registered to DMV so the "poor unfortunate woman" could stay till her kids last day of school.
The judge then ordered me to turn her electric and heat back on or be jailed and face $1500 a day restitution to the piece of shit for ignoring a judges order.

Lucky for me the woman got busted with an 8 ball and "packets" of cocaine and kids yanked the following week.

This is the reason I wont rent my house on Seneca ave to certain people....To many "professionals"

Queens Crapper said...

You folks should really watch the Help Me Howard story because this woman was never a tenant. She just moved herself into an apartment that was being renovated and won't leave.

Anonymous said...

This is the reason I wont rent my house on Seneca ave to certain people....To many "professionals"

Absolutely - too many professionals .

Real estate is 2 things - an investment to recoup paying for the mortgage and to earn a modest return. An interruption is financial ruin for many small home owners in 2 family dwellings.

Joe said...

I viewed the story.
A family member cant will a closed lease the squatter is out of gas one.
It appears the homeowner is a male who owns more then 2 property's with one being a business.
When judges think you have $$ they always give the scumbags 3-4 rounds of last chances and "stays".

I'm my case the judge basically told me was "FU" with no mortgages, 3 cars, addresses in Manhasset and Southold"
The judge felt I wasn't suffering enough like this poor woman.

These bleeding heart liberal judges in Queens use there power to wipe there ass with the rules, laws and justice they swore to uphold --by making decisions based on there own feelings. That's grounds for investigation and impeachment in my opinion !

Joe said...

"2-family dwellings"

You have a VERY valid point perhaps that's the key. The mayor hates private owned 2 family units and wants them all gone.
Ask those poor people in Maspeth what they are going through.

Perhaps the plan is to break the owners. This way people willing to "invest" in building 6+ family eastern block looking shit boxes can come in and spend bigger money. Higher census numbers in Queens also means more free federal $$$ for NYC to spend in Manhattan.
A plan is already being rifled through to give any foreigner free green cards and citizenship for their family's for as long as they live here and invest $500,000 or more on real estate.
Translation: Sell Queens to all the Chinese and Indians with money and make everybody else slaves and renters.

Anonymous said...

Dr. Medivilla is my husband's Oncologist nicest guy feel bad he's going through this.

Che said...

My mother converted her home into a two family that I could live with her. We were very happy until my brother came home from jail. Mom who loved him so much told the parole officers he could live with her. He moved in with her in December of 2005. Subsequently, mom passed away in June 2008, and according to her will she left the house to me and my brother, and she made me the executrix of her estate and my cousin the back up if I was incapacitated. My brother continued to reside on the 1st floor in mom's residence on parole after her death. Recently, he was rearrested in April of 2012. While in jail he gave the keys to my mother's residence to his unemployed, homeless, 9 month pregnant g/f and instructed her to move in without my consent. While I was in TX on business, this woman and her family moved into my mother's home and turned on utilities in her name. I contacted the utility companies from TX and they could not help me. I could not understand how people can just go in your home and turn on utilities? This is my home she does not belong there. By the time I returned to NY she was fully moved in and a few days later in the hospital having a baby. I counseled with many attorneys and they advised that it will be difficult to just through her out and NEVER to change the locks because that is illegal. She has an infant a now 2 year old and a 10 year old. She her mother and her posse come in and out of there like they are paying rent! There are sleepin gin my mothers bed that she and my dad bought, sitting on the living room furniture that they bought, eating at the kitchen table that I bought, my mother's clothes and jewelry, pictures of my family, paintings my dad painted are still on the wall!!!!! I am sick to my stomach! How can this go on in America? No respect for the dead. I have no right to go in there? All my mother's things are in there, I was so upset over her death I never had a chance to go through any of it and now these people are in there? How can a person from jail bark orders and its OK. I need help. I cannot afford to retain an attorney. My home is in foreclosure and trying to save it! Please anyone any advice for this hardworking American!

Anonymous said...

@Che- Serve both a 60 day termination of tenancy notice and a 3day pay rent or quit notice at the same time. You will need to both: post a hard copy of each on the front door and also mail them via USPS for them to be considered 'properly served'. You can do the certified return receipt mailings yourself, but you will have to have a friend or someone you trust post a hard copy of them on the front door because it can't be you (C.o.Int., the form has to be signed by the server swearing the notices were served properly.). After 30 days, properly serve another 3day pay/quit notice. DO NOT accept any payment(s) from them at any time after notices are served, otherwise you have to start all over serving them which means they get a fresh clock. When the 60 days is up, you can go down to the courthouse to file for unlawful possrssion (eviction). The court will convene a hearing at which time the judge will ask you and the tenants questions and you will be able to present your case (moved in w/o permission, not paying rent, etc etc) and the tenant presents their side (if they even show up). As long as you can show they have not paid anything, they have no legal claim to the property (which they don't, your brother does, but she is not his legal wife and he is not there), that you've served your notices proper, and you haven't done anything illegal (like change the locks, shut off the heat/electricity, etc.), the ruling should be in your favor. From there they have about 10 days before the sheriff comes out to physically remove them (if they are still there), at which time you can change the locks after the sheriff does his thing. I had to do all of this for a family member who refused to leave my Grandma's home after she passed, so I feel your pain. All of this was done without having to pay a lawyer (I used to work in a leasing/housing office for years so I lucked out b/c I knew the procedures). Alot of the forms are online, but you can also find a Landlord/Tenant NOLO Press books specific for your state and it will have the forms too. I'm in Ca, which is notoriously a renter-friendly state. Whatever you do, just make sure your ducks are all in a row and all your T's & I's are crossed & dotted. Best of luck to you bro. :0)

Anonymous said...

I know I am very behind in this post but I came upon this site and search because of a problem I am now having. I own a six family building in Ridgewood Queens and ten days ago had a new tenant consisting of three females and one male move into a newly renovated apartment. I spent over $10K renovating this place and am already having issues with these people. The man living there was eight days late on the first month's rent. Many of the steps I didnt take are stupid but I see my mistakes now in retrospect. I took the first month's security and PART of the first month's rent. The rest was promised shortly there after. So eight days into it, I approach this guy for the rest of the rent and he not only puts his hand up while speaking to me and shoo's me away but shoves me into the hallway. I called the police who literally spoke to the guy for ten seconds and allowed him to crawl back into his apartment. Said they would put a harassment report in for this guy putting his hands on me (I;m a woman) but called a couple of days later and they did not even do that. Ran into the guy a day later and he stared me down. I am afraid to walk in my own building. Can someone please help me with advice of any kind? I called a lawyer who said it is hopeless. These people never signed a lease which I am required to give them because it is a six family unit. I am not sure how much they know their rights or if they can be considered squatters so am not sure how to approach it. The only record of anything is a written receipt I gave them for the security deposit.

Thank you!