I'm going through eviction proceeding on my tenants not paying rent because I'm going into foreclosure and having an illegal rental of my first floor. Truth of the matter is they all got together and extorted this case.
I already posted questions about this before... so long story short, the illegal apartment has a warrant of eviction end of this month (April), and the other two has a stipulation to leave end of June.
My question is what is the process of having the other tenants stop parking on my property. No contracts were made for parking, only month-to-month for only one tenant. He is letting everyone else park in there with him. I hired tow service to tow all cars that is not authorized to park but they ripped it down.
Previously I had locked my gates and they broke it and parked their cars inside. I called the cops and they didn't do anything telling me to take it to land/tenant court.
At housing court, a lawyer told me it's a commercial eviction and I can do it myself for a nonpayment eviction and it's quick. So what are the steps to have possession of my property for parking?
Dear Brooklyn Property Owner:
Your are probably exhausted doing these Landlord and Tenant cases on your own. Breaking the gate is a police matter. The local precinct should take your complaint. There is no commercial Landlord and Tenant proceeding available for you since the parking is not derived from a landlord and tenant relation,but rather from a trespass committed by the other persons still in residence on your property.
How do you know the eviction is occurring at the end of the month? Did the marshal serve the notice of eviction? What type of eviction did you arrange? Possession (legal) or full eviction?
You had the chance to take care of the parking without permission on the property in the Stipulations you made with the other tenants. You might have made parking a material breach of the settlement providing you with the right to accelerate the execution of the warrant of eviction and vacate the stay of execution.
You may consider installing a stronger gate. You may consider installing a security camera to cover the gate and driveway. The police should ticket vehicles parked without permission.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
You're really out of legal proceedings. At this point, you should actually do the towing, not just posting signs that you're going to do it.
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