U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York > New York City
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 05-13-2009, 03:56 PM
 
341 posts, read 362,174 times
Reputation: 113

Advertisements

My roomate is a NIGHTMARE. She JUST moved in and it's a basement apt. that WE (my partner and I) rent from the landlords (relatives). So basically, we are subletting to her.

The room is on a month to month basis and long story short, she's not responsible and a complete disaster. It's just not even worth it to have her as a roommate...it is AWFUL. (I prob will post another detailed thread about this if this one doesn't make as much sense).

She wrote part of her rent ($300) and since she owns a business, she put it down as "consultant"..so I was thinking whatever, I don't care what she wants to write the check as. Basically...this isn't a conventional lease...do I need to give her 30 days by law? Nothing was signed and there is no lease. My partner and I are literally aren't able to sleep peacefully in our own place. You can tell her again and again..but she DOESN'T get it.

She moved in 2 days before the 1st..and has been here two weeks. I would like her and her cat out by the end of the month (19 days). This is legal correct? I feel like if I don't get her out soon, I'm gonna flip on her..it goes beyond being civil...I've done EVERYTHING.

Suggestions? I would reallllllllly appreciate stories from anyone who has been in a sticky roomie situation and how they dealt with it. It is absolutely MISERABLE. I'm not sure what the laws are in NYC.....or if there really are any regarding a rental that is "on the low" I guess you could say..
Reply With Quote Quick reply to this message

 
Old 05-13-2009, 05:16 PM
 
341 posts, read 362,174 times
Reputation: 113
I just want to add that the rent is $450 and she has only paid $300..I told her she has until today to pay the rest or else I will have to give her a 3-5 day notice and she will need to move out. It's driving me nuts because she keeps acting like a child and saying she doesn't have money..yet she went to get her hair done twice and went clothes shopping...also bought a BRAND NEW laptop..all in a 5 day span...and she can't pay the remainder of her $150?

BTW, if she doesn't pay rent on the first of the month and pulls this again? Do I REALLY have to wait 30 days to kick her out? This is getting so out of hand. She is such an awful roomie. She's 37 years old & owns a small business in Manhattan..pays the office rent there..but is putting her rent here on the backburner? I was a sucker and gave her a little leniency and now she's trying to BS. I'm PRAYING she forgets to pay the rest today..then I can just kick her out in 3-5 days...but even if she does...I don't care if she changes overnight..I just want my entire apt. back. No more roomies.
Reply With Quote Quick reply to this message
 
Old 05-13-2009, 05:18 PM
 
7,079 posts, read 34,523,205 times
Reputation: 4038
Do you have a written agreement with her? One that she signed?
Reply With Quote Quick reply to this message
 
Old 05-13-2009, 05:19 PM
 
341 posts, read 362,174 times
Reputation: 113
None @ all. There isn't anything in paper and she didn't sign anything. Would that work for or against me?
Reply With Quote Quick reply to this message
 
Old 05-13-2009, 06:39 PM
 
Location: Bay Ridge, NY
1,915 posts, read 7,276,924 times
Reputation: 545
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.
Reply With Quote Quick reply to this message
 
Old 05-13-2009, 09:43 PM
 
Location: NYC
304 posts, read 1,152,112 times
Reputation: 190
Whatever you do, work it out within 30 days ... because after that point, even a leaseless guest or roomie acquires "rights" under of NY's Unlawful Eviction Law.

That law (Admin Code 26-521) says that even if the person has no lease: If they've "lawfully occupied the dwelling unit for thirty consecutive days or longer," you can evict them only via the formal legal/court eviction route. You can't do it via "self-help" -- tossing them out, making their lives miserable, changing the locks, et al.
[And "lawfully occupied" basically means that they didn't break in, and you allowed them to live there -- even as a guest, or in the belief that it was a temp thing until they found a place.]
Reply With Quote Quick reply to this message
 
Old 05-14-2009, 04:11 AM
 
Location: NYC
304 posts, read 1,152,112 times
Reputation: 190
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."
Reply With Quote Quick reply to this message
 
Old 05-14-2009, 05:01 AM
 
Location: Beautiful Pelham Parkway,The Bronx
8,477 posts, read 20,370,543 times
Reputation: 6349
I think Anders is right.Stop asking her for the rest of the money and don't take any from her unless it is cash.Get her out fast because the whole scenario sounds like it will only get worse the longer it goes on.
Reply With Quote Quick reply to this message
 
Old 05-14-2009, 05:13 AM
 
7,079 posts, read 34,523,205 times
Reputation: 4038
Because there's no written agreement you cannot TOUCH her belongings. If there were a document outlining her obligations, then you could cite her violation of those obligations, but as is, you cannot put a finger on her things.
Reply With Quote Quick reply to this message
 
Old 05-14-2009, 05:38 AM
 
4,502 posts, read 11,988,040 times
Reputation: 4066
What I'm wondering is, how would your LL feel about you adding a "share" to your apartment? Does the LL live in the house, too?

You and your partner are going to have to sit down and have a serious talk with her. Tell her that she hasn't paid you the full rent, but you're willing to forgive that if she's out by ______ date. Tell her that you've spoken to her many times about the noise or whatever and it's interfering with your lives and that you're not comfortable having her stay there. There are plenty of places where she can rent a room (what boro are you in?) so she shouldn't have a problem finding a new place.

She may give you a hard time, but tell her she needs to be out by this date or you're going to put her belongings outside and change the locks (of course, you can't do this legally but the threat of this may get her to move)

I hope this will teach you a lesson. I have never, ever lived with a "room mate" and never will. I would rather work 2 jobs to pay my rent, etc than have to share an apartment with someone that I have no history with.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:



Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York > New York City
Similar Threads
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top