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My girlfriend moved in with me almost 3 months ago. I am currently leasing from a landlord, paying monthly rent. I did not inform my landlord that she moved in...
Her name is not on the lease and does not pay any rent. She does not pay any bills either.
She does have her name on the mailbox though. It's a doorman/elevator condo building in midtown manhattan (if that makes a difference)...All the doormen know that she lives there now.
Recently I discovered she's been lying to me for a while about stuff and we broke up. I asked her to leave my apartment during an argument and she said "I will when I want to, go call the cops if you want, I don't care". Today, we had a calm conversation and she agreed to start looking for an apartment. I can't guarantee that she won't play games later, and I don't want things to go out of hand (physical abuse from her end, which she almost attempted before). She's the type who might want to do things out of spite.
My question is: In NYC, what are my rights and her rights at the moment? Can I simply call the cops to evict her? Is she now considered a tenant and would require a formal 30 day notice of eviction? Basically, how can I simply evict her? I appreciate your advice.
My girlfriend moved in with me almost 3 months ago. I am currently leasing from a landlord, paying monthly rent. I did not inform my landlord that she moved in...
Her name is not on the lease and does not pay any rent. She does not pay any bills either.
She does have her name on the mailbox though. It's a doorman/elevator condo building in midtown manhattan (if that makes a difference)...All the doormen know that she lives there now.
Recently I discovered she's been lying to me for a while about stuff and we broke up. I asked her to leave my apartment during an argument and she said "I will when I want to, go call the cops if you want, I don't care". Today, we had a calm conversation and she agreed to start looking for an apartment. I can't guarantee that she won't play games later, and I don't want things to go out of hand (physical abuse from her end, which she almost attempted before). She's the type who might want to do things out of spite.
My question is: In NYC, what are my rights and her rights at the moment? Can I simply call the cops to evict her? Is she now considered a tenant and would require a formal 30 day notice of eviction? Basically, how can I simply evict her? I appreciate your advice.
Thank you.
NYC makes it really hard to evict anyone, which is partly the reason for LL' s demanding all sorts of crazy financial documents, etc. before letting someone sign a lease.
Sounds like she's a mooch and knows how to work the system.
My girlfriend moved in with me almost 3 months ago. I am currently leasing from a landlord, paying monthly rent. I did not inform my landlord that she moved in...
Her name is not on the lease and does not pay any rent. She does not pay any bills either.
She does have her name on the mailbox though. It's a doorman/elevator condo building in midtown manhattan (if that makes a difference)...All the doormen know that she lives there now.
Recently I discovered she's been lying to me for a while about stuff and we broke up. I asked her to leave my apartment during an argument and she said "I will when I want to, go call the cops if you want, I don't care". Today, we had a calm conversation and she agreed to start looking for an apartment. I can't guarantee that she won't play games later, and I don't want things to go out of hand (physical abuse from her end, which she almost attempted before). She's the type who might want to do things out of spite.
My question is: In NYC, what are my rights and her rights at the moment? Can I simply call the cops to evict her? Is she now considered a tenant and would require a formal 30 day notice of eviction? Basically, how can I simply evict her? I appreciate your advice.
Thank you.
Has she been living there for the full three months? If so she may be considered a tenant due to some quirky NY law and you may have to go about getting her evicted formally if she doesn't leave voluntarily. The other issue is if your lease doesn't say that you're allowed to have other people living in the apartment (for example roommates), well you could have another problem. The landlord may try to come after you and evict you, claiming that you're in violation of your lease. Get your lease and READ it thoroughly!
Why do you need clarification ? It's very simple. She could go to court today and make up a story about you getting physical with her, claim to be afraid of you and file for a restraining order.She might have to file a phony police report first but still. In all likelihood it would be you who gets barred from the apartment and you would still have to pay the rent. Doesn't matter that the lease is in your name. She could hunker down and not pay any rent for the year or more it would take for the landlord to get an eviction and you would be responsible for all the rent plus legal fees and court costs. People have been thrown out of houses they own by other residents( not necessarily a spouse) filing restraining orders.Heard once about someone barred from his own house because the neighbors filed and got a restraining order and the proximity of the house meant he couldn't go to his own house.
On top of that you said she could be spiteful. What are you waiting for ?
In order to get her out, you'll need to follow the legal procedures that would allow you to file for, and eventually proceed with, an eviction in housing court. There is no other way to do this. Once a person has lived in an apartment for 30 day, and can demonstrate that with the slimmest of evidence (like a piece of mail addressed to them with a postmark of 30 days prior), you can't just have them removed, change the locks, etc.. You can get arrested for an illegal eviction.
Go to housing court, and talk to the people there. They'll give you the right forms and talk you through the process. Getting a lawyer on board also isn't a bad idea.
As far as the issue with her accusing you of assaulting her. I'd carry at least a voice recorder with you whenever your in the apartment. It would be gold if you could catch her threatening to do so before she does.
if she is not your girlfriend anymore, and she wont leave, get a restraining order against her, she needs to go yesterday. If she is not giving you a date, get the restraining order anyway.
where did she leave from before she moved in with you? how long have you known her? Why you let her move in?
learn from the mistakes, don't let anyone move in unless you are going to marry them.dates can come over , and sleep over some days, but don't let them leave their home and make it permanent. what did you expect will happen during a break up? The other partner cant just get up and leave on a moments notice. They have to find a place to go to, move their stuff, pay a deposit, etc... it is not easy, and you do have to put yourself in her shoes. "GTFOH ,im done with you" is a very bad way to go about it.
Do you know if she has family or friends nearby? It is not easy to walk away with your tail between your legs. What did you guys have a blow out over anyway? lying about stuff is too general. Did she sleep around on you? steal money? give you an std? set you up? there are some things you can over look.
Why do you need clarification ? It's very simple. She could go to court today and make up a story about you getting physical with her, claim to be afraid of you and file for a restraining order.She might have to file a phony police report first but still. In all likelihood it would be you who gets barred from the apartment and you would still have to pay the rent. Doesn't matter that the lease is in your name. She could hunker down and not pay any rent for the year or more it would take for the landlord to get an eviction and you would be responsible for all the rent plus legal fees and court costs. People have been thrown out of houses they own by other residents( not necessarily a spouse) filing restraining orders.Heard once about someone barred from his own house because the neighbors filed and got a restraining order and the proximity of the house meant he couldn't go to his own house.
On top of that you said she could be spiteful. What are you waiting for ?
Makes sense. Thank you.
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