I got a letter to appear in court for illegal occupancy today. Talked to the tenant and they willing to move and will also give her back the deposit. If they really going to move out peacefully before the court date, can the town still charge me? If so what could the be the worse panelty?
The tenant can sue you for six months' rent relocation expenses. The town will have an ordinance with a fine that could be high but it is different in different towns.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
A lot of the towns are different as to what they can charge you. A typical one I see is $1,000 a day that the illegal occupancy continues. They don't ever actually try to go for that, but they can. Try to get them out ASAP and have it reinspected so the town will know its been corrected.
Pray the tenant doesn't get angry at you, as they can just wait there until you get them out through eviction proceedings, and then have you pay them 6 months rent relocation assistance. If you have any others you may wish to cure it, now.
Try your best to amicably resolve this issue with the tenant. Give the tenants what they want to get out as soon as possible. If the tenants are out of the house by the time you get to municipal court, you can probably negotiate the fine down to something you can live with.
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