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Old 05-07-2011, 04:34 PM
 
1 posts, read 19,107 times
Reputation: 17

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I am renting a room in Astoria, Queens without a lease. I have a verbal agreement with my roomate. My roomate is the lease holder. He just renew the lease with the landord. If he ever wanted to kick me out I would like to know what my rights are. Can he keep me at anytime?? What are my rights if decides he would like for me to move out?? Please advise.

Thanks,
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Old 05-07-2011, 05:44 PM
 
982 posts, read 2,399,562 times
Reputation: 436
As long as you can prove the apartment is your primary residence and have lived there for at least 30 days you have the same rights as any month to month tenant. Be it a verbal or written lease. His obligation is to give you a 30 day notice, your obligation is to leave within 30 days, However, having said that there are many who will tell you you can stay longer, much longer if you decide to force your "landlord" to evict you.
It would behoove any landlord to accommodate any tenant on requesting them to leave. Extra time, money, a new car, etc.

Last edited by modsquad81; 05-07-2011 at 06:35 PM..
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Old 05-08-2011, 09:04 AM
 
Location: Manhattan
11,350 posts, read 11,246,610 times
Reputation: 4801
A couple questions:

Does the landlord KNOW you are living there?
Did he give permission for you to move in?
Does the lease have any stipulation about "subletting" although technically you are not doing this but rather sharing.

I think as things seem to stand, you have no rights in the apartment and you can be kicked out at any time. Absent proof to the contrary, it seems that you are living there as a guest of the lessee. And guests can be "de-guested" on any whim.

Why not try to get your name added to the lease, although the landlord is allowed to charge extra for this?
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Old 05-08-2011, 09:38 AM
 
982 posts, read 2,399,562 times
Reputation: 436
Quote:
Originally Posted by Kefir King View Post
A couple questions:

Does the landlord KNOW you are living there?
Did he give permission for you to move in?
Does the lease have any stipulation about "subletting" although technically you are not doing this but rather sharing.

I think as things seem to stand, you have no rights in the apartment and you can be kicked out at any time. Absent proof to the contrary, it seems that you are living there as a guest of the lessee. And guests can be "de-guested" on any whim.

Why not try to get your name added to the lease, although the landlord is allowed to charge extra for this?
do you even live in NYC?
This has nothing to do with subletting and the right to share is implied in all leases in NYS/NYC, be it written in the lease or not.
Permission is not needed to "share". Informing the LL is required although there is no penalty for not doing so until the LL demands.
Any guest who can prove tenancy over 30 days has a right to due process and cannot be evicted without it.
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Old 05-08-2011, 09:39 AM
 
4,502 posts, read 8,048,152 times
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Quote:
Originally Posted by Kefir King View Post
A couple questions:

Does the landlord KNOW you are living there?
Did he give permission for you to move in?
Does the lease have any stipulation about "subletting" although technically you are not doing this but rather sharing.

I think as things seem to stand, you have no rights in the apartment and you can be kicked out at any time. Absent proof to the contrary, it seems that you are living there as a guest of the lessee. And guests can be "de-guested" on any whim.

Why not try to get your name added to the lease, although the landlord is allowed to charge extra for this?

Wrong. As long as a person is living there for 30 days, that establishes residency and he cannot just be kicked out. The leasee of the apartment would have to give him 30 days notice. If the OP decides not to leave, the leasee would have to start eviction proceedings.

To the OP: You don't have a right to be on the lease. You are renting a room from the lease holder and paying rent to him. If you want a lease for your room, you would have to get that from the person you're renting the room from.
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Old 05-08-2011, 09:43 AM
 
982 posts, read 2,399,562 times
Reputation: 436
Quote:
Originally Posted by omigawd View Post
To the OP: You don't have a right to be on the lease. You are renting a room from the lease holder and paying rent to him. If you want a lease for your room, you would have to get that from the person you're renting the room from.
Yes This too.
Somebody has been pwned!
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Old 05-08-2011, 05:56 PM
 
Location: Manhattan
11,350 posts, read 11,246,610 times
Reputation: 4801
If OP wants any rights to the apartment he cannot get them from a renter, only from the landlord.

Anything else is fantasyland.

Yes, he can be tossed out on his ear because he is not now nor has he ever been a tenant. Not only is he without any contractual ties to the OWNER of the building, he is even without any provable contractual ties to the tenant who rents the apartment.
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Old 05-09-2011, 07:08 AM
 
982 posts, read 2,399,562 times
Reputation: 436
Quote:
Originally Posted by Kefir King View Post
If OP wants any rights to the apartment he cannot get them from a renter, only from the landlord.

Anything else is fantasyland.

Yes, he can be tossed out on his ear because he is not now nor has he ever been a tenant. Not only is he without any contractual ties to the OWNER of the building, he is even without any provable contractual ties to the tenant who rents the apartment.
This from the RGB:
NYC Rent Guidelines Board
Quote:
APARTMENT SHARING
It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family
Quote:
A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession.
Lease Holder is allowed by law to share his apartment and if he drops dead the LL would have to follow the same eviction proceedings for the roommate (several months). Likewise, as I said before the Lease Holder would also have to go to court (for eviction). "Tossing out on his ear" is not a legal term in NYS.
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Old 01-13-2013, 07:35 PM
 
1 posts, read 14,021 times
Reputation: 10
Default Rent a room - month to month basis

Hi there, any one can help me? Since my friend is going to work in Weed C.A. for a few months, therefore needs to rent a room only - month to month basis.
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Old 01-14-2013, 07:29 AM
 
Location: Manhattan
1,378 posts, read 1,725,202 times
Reputation: 1708
OP, if you want more security then get into an apartment where you are on the lease.
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