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Old 05-15-2009, 01:36 PM
 
341 posts, read 105,709 times
Reputation: 113

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Good LORD. You guys are right! I'm still confused though..if this basement is illegal, as most are, then is that bad for me or her???

I have already come to the conclusion that I am giving her until the month to move. I will tell her tomorrow. She didn't sign anything and doesn't have any rights here. I'm TOO nice to this person!!! URGH. She is a WRECK! I can't even deal with it.

The ONLY reason I even moved her in is because my partner and I are trying to finish college, and the LL's DID allow us to. The LL's are my partners parents actually. I'm trying to go full-time to college and finish my nursing degree and it is HARD..I wish I could pick up more work

I'm going to politely tell her that a family member has an emergency and no place to go, so that she needs to utilize the room by the 1st..and this gives her just over 2 weeks to move. She has only been here since the 1st...and she JUST paid the rest of her rent yesterday..wrote me the check for the $190.

I didn't know they really had rights when it was some little basement apt? Esp. if they didn't sign a lease. Of course I'm not trying to screw her over or anything like that..I'm treating her so nicely..but if she doesn't have her stuff out on the 1st..then I have no choice but to set it outside.
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Old 05-15-2009, 01:37 PM
 
341 posts, read 105,709 times
Reputation: 113
I know there isn't an agreement, but wouldn't that work against her just as bad as it is supposedly working against me? See last above post. Thx
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Old 05-15-2009, 01:44 PM
 
7,081 posts, read 24,778,109 times
Reputation: 3652
No, it doesn't. And you'll be liable for her property (and it's theft/loss) if you put as much as a finger on it.
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Old 05-15-2009, 01:46 PM
 
Location: Hallandale, FL
204 posts, read 548,339 times
Reputation: 109
Did the other check say "consultant" on it?
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Old 05-15-2009, 01:58 PM
 
341 posts, read 105,709 times
Reputation: 113
Quote:
Originally Posted by Spac3d View Post
Did the other check say "consultant" on it?

Yes it sure did. She is writing it off as her business tax.
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Old 05-15-2009, 01:59 PM
 
341 posts, read 105,709 times
Reputation: 113
Quote:
Originally Posted by Viralmd View Post
No, it doesn't. And you'll be liable for her property (and it's theft/loss) if you put as much as a finger on it.
Gosh that sucks..so she can basically sit there past the 1st of the month and I can't do ANYTHING? I have to take that ? I must have that back room by the 1st.
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Old 05-15-2009, 03:44 PM
 
Location: Hallandale, FL
204 posts, read 548,339 times
Reputation: 109
Have you had a talk with her?
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Old 05-15-2009, 03:51 PM
 
341 posts, read 105,709 times
Reputation: 113
Quote:
Originally Posted by Spac3d View Post
Have you had a talk with her?

Several. I even email her stuff. She gets very defensive and NEVER addresses her behavior, etc. All she can do is gripe about how she can't do certain things because she is having problems in her life and blah blah blah...she completely veers the subject off. I told her that her rent is sep. fromher personal issues and that I don't wish to talk about her personal issues It's ridiculous..I wish you could hear her..I have no idea how she graduated with an MBA from Univ. of Miami and owns her own business in Manahttan on 5th avenue.

I am SO nice when I talk to her...to make sure she doesn't feel attacked..but I'm sick of it.. I feel like I'm bending over and taking it...if you know what I mean. How can one be so miserable in their own place? She doesn't seem to feel shy about voicing everything. It's just round and round with her..you tell her one thing...and she just argues about it..." Well, I can't...Ugh, I don't want to do that..but this. ...but that". It's worse than dealing with a 5 year old child. She just DOES NOT get it. No matter how firm you are with her.
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Old 05-15-2009, 03:56 PM
 
341 posts, read 105,709 times
Reputation: 113
Quote:
Originally Posted by analyticalkeys View Post
Is the basement actually allowed to be an apartment? There's plenty of illegal basement apartments in NYC, and if this is one of them, then you have no case no matter what the claim is. Also, if there's no signed, written or typed agreement.. then basically it doesn't matter what she does, because there's no contract to prove that you're right or wrong.
But then at the same time if I don't have a case...then wouldn't she neither? She has no proof that she is paying me rent or living here...she writes her check to me as "consultant"...not rent...she does that so she can claim it on taxes for her business.
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Old 05-15-2009, 03:58 PM
 
341 posts, read 105,709 times
Reputation: 113
Quote:
Originally Posted by anders View Post
PS -- Also, this is _not_ a sublet; it's a share. A sublet is when you move out, and another tenant assumes your place -- though he-she pays rent to you, and the lease remains in your name.

But there's no paperwork to prove this is a share, or that she merits any notice. The check isn't proof, due to her own "consultant" notation. (So far, she not only underpaid you, but -- to get any payment at all -- you got dragged into her end-run around the tax code. This bodes ill.)

Say "Must leave by X date" every 20 minutes, and scrawl it on the bathroom mirror. If her absence is that important to you, and you want to start nicely: Say you'll refund her money (obviously w/o any "rent" notation) if she leaves. Hit craigslist and _give_ her a list of shares. Ask many friends, preferably with dogs, to crash in your place temporarily, so there's no room for her and the cat. Act unpleasant and do whatever will make her deeply uncomfortable, w/o crossing any legal lines yourself. Change the locks. On D-Day, park her stuff outside.
She's probably been through this sort of thing before, and appears to have clever personal survival skills (despite the fact that she's 37, runs a business, but must live in a three-person basement).
But ease her out by Day #30, or she might _try_ to prolong this by raising a legal issue ... albeit futilely, and via having to explain that "consultant."

what if this rental is on a weekly basis? i doubt she would ever try to take this to court..she is too cheap...like i'm willing to bet my life...esp. if i give her two weeks. she's too retarded to do that. she has no time.

but if this rental is weekly...then she has no case............right?

thanks for ur input
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