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You need a lawyer. I suspect that whether she's right or wrong, a lawyer could put some pressure on her; for instance, she threw out your stuff, there's gotta be a cause of action there. Hmm... she threw out your stuff and changed the locks, maybe you could get HER for an illegal eviction...
You need a lawyer. I suspect that whether she's right or wrong, a lawyer could put some pressure on her; for instance, she threw out your stuff, there's gotta be a cause of action there. Hmm... she threw out your stuff and changed the locks, maybe you could get HER for an illegal eviction...
Except that ... the mention of "certification," not required for a rent-stabilized or rent-controlled apartment, indicates a HUD housing program unit. Probably the HOME program. These are "low income" and "very low income" and subletting is not allowed.
Thank you for your suggestion Nybbler. I pursued an illegal lockout proceeding over a month ago and the judge said since we never lived together and since I considered it to be a sublet, she has the right to change the locks. The case was dismissed and the judge suggested I pursue a hold over proceeding. This is why I asked if the court would uphold the original lease or the new one (which would give me the right to pursue the holdover case)
My lease has a subletting clause. Even if it didn't have the clause, through their actions didn't the management office directly and indirectly give me permission?
I am confused by how this works. Your parents moved out so now you get to keep a 2br apartment paying below market rent?
If its a 2br apartment and you are also on the lease, why not just move back in with your ex friend? If you're on the lease, can she refuse you? And given that you are on food stamps, it sounds like you could use the extra money for her share of rent.
Here is how I see it.
You had a lease and you and your landlord allowed the name of another party to be put on it, thus, in essence creating a new lease. Thereby the other party gained a legal right to a rent stabilized apartment that was exactly the same right YOU originally held. Your intention or her intention at the time is completely irrelevant.
That person has a right under New York law to be offered a renewal lease under the same conditions with an increase determined by the RGB and subject to the same laws of stabilized tenancy as you.
The landlord cannot change the terms of that lease without her consent as well as yours.
Thus the landlord CANNOT exclude her from a renewal lease any more than a landlord can tell you to move because he gave a new lease to a stranger.
You both share equally in the apartment and the best you can do is to regain residency with her. You may even fail in your effort to avoid half of a years' rent.
ALL real estate transactions MUST be in writing with the single exception of rent controlled apartments which generally had no lease, nor lease renewals.
The instant you and your landlord let her name be put on your lease you gave her FULL rights to that apartment under the law. The proper way to get a subtenant is to make a written contract between you and her, keeping intact and separate YOUR unique contract with the landlord.
Now admit it. You knew what the consequences of changing the lease to put her on it, right? You knew instinctively that was different from getting a subtenant for a short tenancy, right? Things have changed between you and you want to undo what you did...but that's just not the way contracts work.
You may have "married" a person more tightly than with an "I do" because you cannot get divorced from rent stabilization.
Last edited by Kefir King; 07-26-2013 at 05:08 AM..
all young adults should scrounge off their parents and loved ones for the entirety of this economic recession
I appreciate the fact you want to do this on your own without mooching off your parents.
We try to raise our kids to be self-sufficient adults, that can take care of themselves. Granted, we help them out when they really need it and when they have exhausted all other options, but they do try to attack the problem from every angle first. That's because we didn't raise them to just have a hand out whenever things get bumpy.
For that, I applaud you. And I'm not sure I wouldn't have kicked my ex-friend's a** by now. LOL
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