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My partner (not married) and I broke up in Aug, and because they have no money, I offered to let them stay with me for a while. I'm worried that "while" is now becoming "indefinitely". They have paid no rent/maintenance while living with me and are not included in my co-op unit ownership documentation. In the worst case scenario, would the eviction process for roommates apply to this situation? (I came here from a previous thread: http://www.city-data.com/forum/new-y...apartment.html
It's a little hard to find information on eviction when you're the owner, and you guys seem super knowledgeable.
My partner (not married) and I broke up in Aug, and because they have no money, I offered to let them stay with me for a while. I'm worried that "while" is now becoming "indefinitely". They have paid no rent/maintenance while living with me and are not included in my co-op unit ownership documentation. In the worst case scenario, would the eviction process for roommates apply to this situation? (I came here from a previous thread: http://www.city-data.com/forum/new-y...apartment.html
It's a little hard to find information on eviction when you're the owner, and you guys seem super knowledgeable.
You done ****ed up!!!
You literary gave their ass squatters rights.
Do the get mail there? If they do that's bad!!
Are you still having sex with them? If you are and this goes to a judge it will be seen as you are still in a relationship.
Are they helping out around the apartment such as cooking, cleaning, laundry, running errands? If they are then this can be considered a domestic partnership where they handle the house work for free to offset not contributing to the bills.
When you split you should have walked away without a care in the world cause now you have to carry them and they seeing it as a free ride.
You have to take this to the court and will be a long drawn out process.
Your other option is, well depending on tolerance is to get someone so obnoxious to live with you for a month to drive them to the point of insanity where they leave on their own.
Or take it to the next level of annoying them that they will leave on their own such as:
- Are you a female? Squirt some koolaid on some maxi pads and leave them on the kitchen counter when you go to work.
- Take some serious ****s with the bathroom door open.
- Sing off key in the shower.
- Only buy enough food for you to eat as well as toiletries for you to use.
- Invite friends you know they don't like over all the time.
- Invite your parents over for a week.
- Get a temporary pet you know they don't like or allergic to like borrow someone's cat or dog for a few weeks.
- Blast music when they try to sleep.
- Walk around farting.
- Get a new partner and invite them over while they are there and have crazy loud sex all night. Bonus points if the unwanted roommate is a guy and you have your new male partner walk around with their dick swinging after sex.
I helped a friend through something like this before , best fun I ever had
They had already been living with me since April, so I probably (?) gave them squatter' rights by trying to live together. They do get mail, we don't have sex, and they do minimal housework (I've done most of it since Aug). No good deed goes unpunished, I guess. I'm hoping their family or friends will be able to take them in, because driving them crazy sounds like death to me. The eviction is my last resort, but how long does it usually take in NYC?
They had already been living with me since April, so I probably (?) gave them squatter' rights by trying to live together. They do get mail, we don't have sex, and they do minimal housework (I've done most of it since Aug). No good deed goes unpunished, I guess. I'm hoping their family or friends will be able to take them in, because driving them crazy sounds like death to me. The eviction is my last resort, but how long does it usually take in NYC?
At a minimum months to years depending on if they appeal your petition to evict, and if the judge accepts whatever their excuse is that buys them more time. The City has become very PRO tenant given the housing crisis that we have, so you can bet on it being a lengthy and expensive process unless you somehow become lucky and get a judge who sides in your favor. You had better start making moves now to send them the message that they need to leave. Give them a hard deadline of when they need to move and document everything formally from here on out. If they don't leave at that point, ask again (documenting everything) and let them know that if they don't leave that you'll start eviction proceedings.
Also, I'm not sure what you would be trying to get from them since you offered to let them stay. I mean on the one hand, you say that you offered to let them stay with you because they had no money, but then you say that they haven't paid any rent since they've been there. Well were any expectations made about paying any rent previously? If not then that's another problem.
They were unemployed, and was going to pay rent when they got a job. I don't have any expectation of recouping that money in the near future (they might pay me back if they leave of their own free will), so I don't really have anything I'm "trying to get from them" besides leaving.
What kind of criteria are judges looking at in these cases? Is the fact that I opened my home to my partner enough to damn me?
They were unemployed, and was going to pay rent when they got a job. I don't have any expectation of recouping that money in the near future (they might pay me back if they leave of their own free will), so I don't really have anything I'm "trying to get from them" besides leaving.
What kind of criteria are judges looking at in these cases? Is the fact that I opened my home to my partner enough to damn me?
Pretty much. In most cases, once someone has been living with you for a certain amount of months, they can claim that this is their residence, so you can't just kick them out. You would have to petition down at the courts for an eviction. Sounds like it's getting right around the time when they could claim that this is their permanent residence... April, May, June, July August and now September... Almost six months... Better get moving and consult a lawyer who specializes in this about what your options are. I wonder if this opens up another can of worms for you though because you're in a co-op. I'm sure you don't want the co-op getting wind of this. I would definitely review the rules in your building about having visitors and so on and if there are any ramifications in these instances.
They were unemployed, and was going to pay rent when they got a job. I don't have any expectation of recouping that money in the near future (they might pay me back if they leave of their own free will), so I don't really have anything I'm "trying to get from them" besides leaving.
What kind of criteria are judges looking at in these cases? Is the fact that I opened my home to my partner enough to damn me?
Yes! Never be kind to an Ex that will put you at a disadvantage. You should to tell them to leave because they are now in your personal space which is preventing you from dating or moving on with your life. As having them around you is causing you emotional distress as feelings you want to move on from are constantly there making you feel conflicted and its not healthy to your mental state.
Put on your best Oscar winning face when having that conversation.
Ugh... the co-op already knows. I'm the treasurer on the board and friends with the other members, so my personal life isn't a secret.
They moved in April 15th, so six months has happened. Is there legal significance to that amount of time?
[Even though this freaking me out, I appreciate the cold hard facts, so thanks folks]
Yes, someone can correct me if I'm wrong, but from a legal standpoint, when a "guest" has been living with you, after a certain period of time (I believe after a certain amount of months passes), they can technically claim that they reside at the residence and are no longer just a guest, which is why you can't just throw them out because you can then be at fault and perhaps face problems of your own for trying to do so (crazy isn't it?? ) Whatever papers you have for your unit should touch upon this. My lease certainly touches upon it and strictly prohibits anything other than guests.
You literary gave their ass squatters rights.
Do the get mail there? If they do that's bad!!
Are you still having sex with them? If you are and this goes to a judge it will be seen as you are still in a relationship.
Are they helping out around the apartment such as cooking, cleaning, laundry, running errands? If they are then this can be considered a domestic partnership where they handle the house work for free to offset not contributing to the bills.
When you split you should have walked away without a care in the world cause now you have to carry them and they seeing it as a free ride.
You have to take this to the court and will be a long drawn out process.
Your other option is, well depending on tolerance is to get someone so obnoxious to live with you for a month to drive them to the point of insanity where they leave on their own.
Or take it to the next level of annoying them that they will leave on their own such as:
- Are you a female? Squirt some koolaid on some maxi pads and leave them on the kitchen counter when you go to work.
- Take some serious ****s with the bathroom door open.
- Sing off key in the shower.
- Only buy enough food for you to eat as well as toiletries for you to use.
- Invite friends you know they don't like over all the time.
- Invite your parents over for a week.
- Get a temporary pet you know they don't like or allergic to like borrow someone's cat or dog for a few weeks.
- Blast music when they try to sleep.
- Walk around farting.
- Get a new partner and invite them over while they are there and have crazy loud sex all night. Bonus points if the unwanted roommate is a guy and you have your new male partner walk around with their dick swinging after sex.
I helped a friend through something like this before , best fun I ever had
Which part did you do for your friend? LOL.
- Are you a female? Squirt some koolaid on some maxi pads and leave them on the kitchen counter when you go to work.
- Take some serious ****s with the bathroom door open.
- Sing off key in the shower.
- Only buy enough food for you to eat as well as toiletries for you to use.
- Invite friends you know they don't like over all the time.
- Invite your parents over for a week.
- Get a temporary pet you know they don't like or allergic to like borrow someone's cat or dog for a few weeks.
- Blast music when they try to sleep.
- Walk around farting.
- Get a new partner and invite them over while they are there and have crazy loud sex all night. Bonus points if the unwanted roommate is a guy and you have your new male partner walk around with their dick swinging after sex.
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) Whatever papers you have for your unit should touch upon this. My lease certainly touches upon it and strictly prohibits anything other than guests.
