I took a sublet for June to Nov, now she's kicking us out (New York: apartment, lease)

[billermo]

I replied to an ad for a sublet to run from the start of June through the end of November. I moved in last month, and now on June 30 I receive an email from the girl who sublet to me that she wants me to leave by July 5 because a friend of hers is visitng and wants to use the place.

I don't know what rights I have in this situation, if any. There is no written agreement between us, other than her posted advertisement for the place (as well as what she acknowledged in email).

I am afraid that if I resist someone who is this selfish and unfair and possibly ruthless, she may not hesitate to come into the place when I'm not home and put my things outside, and then change the locks herself and claim I never rented the place. I'm considering changing the locks for that reason.

I can not believe that wanting your friend to stay in the place instead is legitimate grounds to evict. Actually given the extremely short notice and expectation we move out within a few days, it seems as if there is a good chance she had this plan in place and falsely advertised the place as a sublet through November in order to increase her chance of filling it in June.

What should I do?

I'm afraid to leave my things in the apartment now.

Thanks for any help

[holden125]

That sounds like very selfish and inconsiderate behavior on her part. What emails do you still have in addition to the ad she posted? If they establish an agreement to sublet until Nov., you'd have a leg to stand on.

If you don't want to take the risk she'll wreck your stuff, you don't have much choice but to get out. If you decide to stay, take pictures of all your stuff, make an inventory and keep a record of everything that happens. Deal with her in writing rather than by phone where possible.

It may not be worth the hassle to wind up in a court dispute, or whatever, about this.

[noladarling]

That's harsh! Not even enough time for you to find another place!!! Ask her to be reasonable and give you time to find another sublet. I wouldn't battle this one out I'd rather have my time and a peaceful mind.

[G.Costanza]

Originally Posted by billermo

I can not believe that wanting your friend to stay in the place instead is legitimate grounds to evict.

It's not. And she can't legally "evict" by throwing your stuff out and changing the locks. Doing that would put her in a legally untenable position, AFAIK.

Be reasonable yet firm over email. Tell her you will not move out without reasonable notice. If that has to be defined later, define it as at least 30 days' notice. Tell her you are willing to go to court if necessary. If she did, it would still buy you plenty time (a couple months at the least, even if she won) and would defeat her purpose of having her friend (or possibly a higher paying tenant) move in. Warn her of the legal repercussions of throwing your stuff out as a way of illegally evicting you.

And start documenting everything. Videotape yourself freely entering the apt with the keys you were provided and go thru the entire place showing your belongings as well as the general condition of the apt (if that comes up later, i.e. her asking for damages). Take pictures. Make lists. Keep the ad and all emails/correspondence that prove her letting/subletting the place to you.

I'm not a lawyer or play one on TV. But I did have a friend who had a less tenable position (she sublet a rent-controlled apt from the tenant on lease, the owner found out and wanted to throw her/them out) but it was still 2-3 months before she was legally evicted.

[modsquad81]

You don't have to move and she runs the risk of criminal charges if she attempts to throw your stuff out or interfere with your tenancy.

[billermo]

Originally Posted by G.Costanza

Warn her of the legal repercussions of throwing your stuff out as a way of illegally evicting you.

.

Thanks very much... can you tell me, what exactly would be the legal repercussions?

And would I be able to seek damages for this if she somehow forces me out? What is a typical award or settlement in something like this?

thanks again, all this is very helpful

[modsquad81]

Although written for the "landlord", the following law would apply to the prime tenant in this case, (your landlord). Even without a written lease between the two of you as long as you can prove you've resided there for over 30 days then she would have to proceed to evict you the same way a landlord would, through landlord/tenant court.
That proceeding would take at least 60 days if it was uncontested. If you contest it, show up at least once, who knows, 3 or 4 months maybe?

A tenant who is evicted from an apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the landlord. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy. RPAPL § 853; NYC Admin. Code § 26-523, § 26-521.

[eek]

fight it. f this broad. how could she basically throw you out on the street? suppose you couldn't find another place in this short, unexpected amount of time??
she doesn't care about you at all so don't care about her. i agree with everyone saying that you should document everything...take plenty of photographs, print out the emails, etc. etc.

take her to court if you have to. do not lay down and let her walk over you and kick you out that easily.

[Cyclops99]

I'm interested to know what happened. You definitely should not be forced to move out in such short notice. And yes you cannot just evict you by changing the locks and throwing your stuff out. Go to Housing Court...to the self represented office if you need more legal assistance or answers. Hope everything turns out okay.

[canyontothesky]

Can't wait to hear what happened here, too, since the 5th is gone, but I don't know if the OP will be back...