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Old 10-16-2011, 02:37 PM
 
4 posts, read 13,221 times
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Hello guys,

I have a horrifying roommate situation, and was wondering if anyone can help me with this. So here is the deal:

I am a sole tenent in 2BR unit. To cover for big rent in manhattan, I found a roommate from craigslist to live with me. As she moved in, I gave her a piece of paper with a single line that she can stay for a year. 3 Months in, I realized that that was a terrible mistake.

She works at home, and she is extremely sensitive to the noise. Now that is fine, but she makes too big deal out of it, even on the weekend daytime. She is aggressive in her demands about her maintenence and abuses me verbally. Now she became paranoid and falsely accused me of using her toothbrush to clean the toilet.

Things like this happen in repitition and she is just making home terrible place to live. I tried talking with her but she is unwiling to comprimise in her demands. One time during the fight, I suggested her to find a new place to live. Then she makes a threat out of piece of paper with my signature on it, saying that she is entitled to live here or otherwise I need to pay up a big financial penalty.

What should I do? I am new to New York with no legal experience. Please help. Thank you.

Last edited by legal_advice; 10-16-2011 at 02:46 PM..
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Old 10-16-2011, 02:42 PM
 
Location: The Triad (NC)
26,835 posts, read 57,830,396 times
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personal pronouns aside...
I don't believe that even in NYC will a roommate have the right to refuse a request to leave.
You may need to give them 30days notice (ie whatever the rent payment cycle is)... but no more.

Check with the housing people in your area... they'll know for sure.

hth
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Old 10-16-2011, 02:44 PM
 
801 posts, read 867,690 times
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Question?? She and he what that means? Is a couple there?
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Old 10-16-2011, 02:47 PM
 
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Sorry. It's a single she.

I'll probably give her one more chance, and if that fails, I would like to do something about this. Something real and effective. Thanks!
!
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Old 10-16-2011, 02:53 PM
 
801 posts, read 867,690 times
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Anyway . Honestly when you do research on craglist is like opening to scam doors. You have to learn how to screen people , like very good interview . Most of the cases people does their own backgrounds . Now with the paper that you give her well she feels untouchable . But you was suppost to have certain restrictions and rules upon that contract. I suggest you if she is on a bad atitud consult with lawyer , cuz you might give her a 30 notice, but you have to get proof and witness to proceed a eviction. And avoid all type of arguments with her. T
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Old 10-16-2011, 03:05 PM
 
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But my question is: is that paper really legally binding? Its not notarized.
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Old 10-16-2011, 03:28 PM
 
801 posts, read 867,690 times
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Quote:
Originally Posted by legal_advice View Post
But my question is: is that paper really legally binding? Its not notarized.
It's doesn't matter if it's notarized , it has you're signature and you the purpose of it. But in a sharing room , don't get cought on a fraud case!! If she acuse you of you using her tooth brush in the toilet , imagine for a fake lease.
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Old 10-16-2011, 03:58 PM
 
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Make up another piece of paper saying she forfeits the right to live there in return for a pro-rated portion of the rent she paid for the month. Next time she complains, hand her that piece of paper and tell her if she doesn't like the noise she can leave.
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Old 10-16-2011, 07:05 PM
 
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I have been in a situation very similar to this--so similar, I wonder if this is the same person. (In my case, her initials were YR and she has a very strong Queens accent, please tell me if it's the same one, I might be able to help you further.)

As you said, give her one more chance--try to work something out with her, maybe give her two months free rent but she has to be out after two months. Or a month or whatever, but give her some financial consideration. If she refuses, then you go to the mattresses, as they say! To start off--you have to pursue the two-pronged strategy. First, since she has been there for over a month and she has what amounts to a type of sub-lease, you will have to formally evict her. This could take a while but you must start the process NOW and document absolutely everything, including every instance of her being unreasonable, paranoid, accusing you, etc. Write down and photograph absolutely everything. You may need this evidence later if she decides to sue you. Go down to housing court and talk to the people down there--you'll have to wait around for awhile to talk to the free legal aid people. This is called a "holdover" case (when you're kicking out a roommate.) When you serve her the eviction notice, you can have a friend do it (i.e., you don't have to pay lots of $ for a process server) but look up the rules (I think you have to try to serve in person three times before you can do the nail-and-mail procedure). Make sure you serve the eviction papers before the end of the month.

The second prong is the emotional strategy. If she's this horrible, undoubtedly she has emotional issues. Push her buttons. Don't let her feel comfortable in your place. Tell her flat out you don't want her there and she needs to leave. Be polite but firm. You cannot cut the electricity/heat or make the place "unlivable" but do not let her bully you. Have lots of loud parties there, bring men (or women!) over, live as you normally would without consideration for her. But before you do any of this, you need to secure your important papers--buy a strong box and put your valuables in it.

When she tries to bait you into an altercation DO NOT rise to the bait--you must remain calm, you have to maintain the higher moral ground. You're the normal one, she's the one with the problem. That's your strength, and what will get you through this. If you ever leave her a note or a voicemail, be very polite, but firm. (As I said, she might try to bring it up in court.) If you can, try never to be alone with her.
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Old 10-16-2011, 10:19 PM
 
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Thank you all so much for your help! Gee1995, it is not YR, and she is from NJ

Yes I think I'm going to give her one more chance, to save my own time and energy. Hopefully she changes her behavior. After all, it'll only going to be a losing game for both of us..
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