Landlord Obtains Possession of Two Thirds of Building
The landlord had a problem. She bought a building in a neighborhood that was rapidly getting better. In fact, she even got a good price. The rent roll, however, despite the low cost, barely covered the expenses. Moreover, even the tenants who paid often had to be sued for nonpayment which cut into the already slim margin she had on the building. Moreover, the tenants retaliated by calling the city every time she had the audacity to demand her rent on time.
The first step was an analysis of the building tenant by tenant. It seemed that one family controlled several apartments in the building and was utilizing one apartment for income production by subletting it on a regular basis.
Other apartments were occupied by relatively young people paying absurdly low rents.
The first step was to bring the holdover on the sublet case and prepare for a series of owner occupancy cases to recover possession. The landlord who was actually renting at the time was ready willing and able to move in and had several siblings who were also available to live in the building.
Aggressive litigation on the sublet case showed the other tenants that this landlord meant business, and the landlord was able to get two tenants out right off the bat within a year.
By establishing family members within the respective units the owner had no problem establishing her own “good faith intentions” to occupy more of the building and was able to gain two more units for her own domicile. (Including removing one troublesome tenant who was vandalizing the building then calling the city).
In all, the landlord was able to obtain possession two thirds of the building within two and a half years. The family moved in and as far as Adam Leitman Bailey, P.C. knows they are living happily thereafter. It was all the result of careful planning and then aggressive litigation.
Christopher E. Halligan represented the landlord in the above referenced case.