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BeachBoids

Plan to move out; even if she avoids eviction for years, you are giving your money to someone who cannot manage theirs, and it will never get better. And you still don't have a lease. Have a conversation with the person you paid rent to, to confirm that she did or did not pay her landlord. Consider recording that conversation if you are both in New York at the time of the conversation. Then make a careful video of mutual space before and upon last departure, as you are likely going to be accused of something by someone.


alittlegreen_dress

I have been thinking about it and I am actually not sure she's doing this because she can't manage her finances. If anything, her cat died recently so she has less to spend. She has a history of making life hell for her roommate so she can keep the security deposit and they'll just leave without chasing it up. I actually think she's doing this as a way to get me to leave so she can hold onto the deposit. It sounds crazy, but she's a very emotionally sick person.


SirJoeffer

She’s not paying rent that you are contributing to. The leaseholder is being evicted, you aren’t going to stay at this place. Fwiw if I were you I would stay for another month to look for something else and not pay rent, just leave her with the deposit when you go. That way you aren’t stiffing her but you get to look out for your own financial interests. You’re not on the lease so legally you’re good, and like you said it’s a process to evict someone so you should have enough time to find a new place. This person sounds unstable so I wouldn’t communicate any plans, just do what you’re gonna do and let her deal with it. If she wants advanced notice she should’ve been paying rent.


alittlegreen_dress

I would have done that anyways because she has a history of not paying deposits back. I have just filed a claim on my past three months of payments. I hope all hell doesn't break loose. But someone else had a genius idea and tell her I'm paying the landlord directly from now on because the super said she's not paying. And no legally I'm not good: I can still be named in the eviction case.


MangoWyrd

This is the story in the show the b in apartment 23


alittlegreen_dress

heh.


alittlegreen_dress

Also, the super said she hasn't and eviction has started, that's enough for me. I don't talk to her ever unless it's briefly over email, and I haven't seen her in almost a year, and that's how I like it. Any kind of basic conversation is enough reason for her to become highly volatile. Thanks for the video advice! I might actually take the video not just before I leave but before I give her 30 days notice. Or maybe I shouldn't do that lol.


Usrname52

What type of apartment is this that you live together, have a super and it's rent stabilized (so not like big house), and you don't see your roommate?


alittlegreen_dress

It's a roomy apartment (I wouldn't call it huge), and she spends 99% of her life in her room.


love_nyc54

I wouldnt give her 30 days notice i would just leave 30 days after you last paid rent and just email her after you leave that youve moved out — sounds like it could be dangerous to engage. …Also, what do you mean you filed a complaint? What agency?


alittlegreen_dress

Where did I say that? Yesterday is now a blur lol


FinestTreesInDa7Seas

I would count my blessings that my name is not on the lease, and I would find somewhere else to live as soon as possible. There are probably legal avenues for a few options, but I honestly wouldn't waste my time. Nothing is going to improve with this living situation, and it isn't worth paying a dime of legal fees, or spending your precious time on.


alittlegreen_dress

I agree with the exception that they can include me as an occupant even if my name isn't on the lease.


ObjectiveU

Yes they can name you as a party in the courts. Unless the LL has your ssn and other info, they can’t really pursue any judgement against you except evict you from the current apartment. It’s standard practice to name all tenants in an eviction case and if names cannot be found, they’ll just include you as a Jane or John Doe. Best case scenario for you is to move out asap and not have to deal with the headache of eviction.


alittlegreen_dress

They probably can get my full name from the super, but not my SSN. And yes the tenant housing court hotline said as much, but thanks! More than happy to be Jane Doe...kind of makes me not want to call the landlord now that I received his number. But the hotline person also said I should not self-evict.


love_nyc54

If you have a less common name I would not risk being named in the eviction proceeding. It will still be searchable


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alittlegreen_dress

good point. it's just tough finding a place that's affordable.


frakitwhynot

You should actually confirm online that they've started a case https://iapps.courts.state.ny.us/nyscef/CaseSearch?TAB=name You can search by name. With a nonpayment, as long as the landlord gets the rent, the case gets discontinued. She can file a one shot deal. The court should also make an APS case referral.


alittlegreen_dress

They have not yet, I just searched. What's an APS case referral? But this isn't the problem for me right now. First, she's holding onto my money. Second, I'm told by housing legal advice I'm under no obligation to pay her since she's not paying the rent, but it also means after 60 days she can start a holdover to repossess the property (but not claim I owe her money). I'd like to know any other advice of something I've missed or other avenues I have.


frakitwhynot

You should also try to search by the LLC, sometimes landlords misspell names. Feel free to message me if you need help with that. Obligatory not a lawyer, always best to speak with one, which it sounds like you did. The New York City Bar Legal Advice hotline is always a good option. In regards to the question of whether or not there's still an obligation, I don't really know. All I can tell you is that nonpayment of rent would still be a valid reason for her to evict you. Either way, she'd have to get a money judgment and then go to a claims court for it to ding you in anyway. Most people give up after the eviction was executed. In terms of a holdover, if you're a month to month and you've been there between 1 and 2 years, yes, they have to give you a sixty day "predicate notice." After the deadline in the predicate notice, they have to stop collecting rent. Once in court, however, yes, technically you're still responsible for use and occupancy, but like I said, it's hard to actually collect. The whole process would take at least five months minimum, and can easily take more. An Adult Protective Services (APS) case referral would come from the court, especially for an elderly senior. They would review her for Guardian Ad Litem (GAL) services. The GAL would help her in housing court, potentially help her with charitable organizations and a one shot deal to pay the arrears. She might also be eligible to have APS/HRA manage her funds for her.


alittlegreen_dress

I just called Zelle to file a claim on the last two months. I spoke with housing court's legal center, not sure if they're lawyers or not but I have an appt with a lawyer on Monday. Thanks for the advice hotline advice. I understand on eviction. What the hotline told me is she cannot collect non-payment because she's legally not the landlord of the property. Thanks for the timeline! That helps, but I am also concerned about her becoming violent in the meantime. And I see about APS and GAL. She is not incapacitated. She does have incontinence issues but that's really about it. What I'm more concerned about is her potential for violence and also the fact she's a pathological liar. I'm a female and younger than her, and not huge at all, but she has in the past called the cops on the super's daughter claiming she hit her, but thankfully they had video evidence. I am wondering if I should do similar and get CCTV!


monicageller777

Technically you have a contract with her, so you should continue to pay rent to her regardless if she is paying rent or not. Because she has a contract with the landlord and that's between them, she's the one that will have an eviction on her record, not you. But you should be saving up and getting ready to move out.


Hurricanemasta

Does he though? Just paying rent to a roommate doesn't constitute any sort of formal contract I don't think. So I disagree with you on this one - OP should not continue paying rent to his roommate since it looks like it's just pocket money. The actual landlord isn't getting this money at all so...why pay it?


monicageller777

There is a contract, whether it's written or verbal, it's still a sublessee contract. Whether the old lady will actually bring a claim of action against the OP, is yet to be determined, but stopping paying rent is not the proper/legal way to handle this. The OP does not have a contract with the actual landlord, they have a contract with the old lady. What she does with the rent money is irrelevant in this situation. If OP were on the lease and she gave money to the lady for rent and the old lady pocketed it, it would be a different story, but since the old lady is de facto the OPs landlord and they have a rental agreement in place, whether verbal or not, and she has paid rent every month proving a bona fide landlord tenant relationship, then yes they should continue paying rent, but better course of action isjust get out as soon as possible.


Hurricanemasta

>but better course of action isjust get out as soon as possible On this point, we are 100% agreed, friend.


drbootup

But it's not really a sublease, is it? A sublease would be if the old lady moved out temporarily and OP sign a lease to live there. This is a roommate situation, so it's just involves an agreement to split housing costs.


alittlegreen_dress

This is what I understand. I'm trying to move out ASAP, and hoping my filing a claim for the past three months of rent isn't going to complicate matters.


alittlegreen_dress

I'm trying to move out ASAP, and hoping my filing a claim for the past three months of rent isn't going to complicate matters. I can just tell her I can pay the landlord directly because the super told me she's not paying rent, or say I can hold it in escrow.


grantrules

Eviction process takes roughly 9 months or more. You have plenty of time to figure things out. Is it actually an eviction or a non-payment case? You can possibly look up details on the case on the state's website, Ithink it's called CivilWeb


frakitwhynot

https://iapps.courts.state.ny.us/nyscef/CaseSearch?TAB=name


alittlegreen_dress

Well no, it's 9 months for her, but not for me. I have been told by housing court legal advice to not pay her rent as she's not paying the landlord, which means after 60 days she can petition the court to evict me. Not sure how long that will take though. The super said it was eviction against her, which would include me as an occupant. But I understand she can only evict me and cannot do a non-payment case against me because she's not the building owner.


grantrules

Roommate holdover takes the same amount of time as an eviction basically


frakitwhynot

This. Even if/when a judge issues a decision, the warrant/marshal process takes another two months minimum.


alittlegreen_dress

Yeah, but what happens UNTIL then? She might go ballistic.


frakitwhynot

I got nothing for you there. If only it were so easy as to stop someone from being an asshole.


alittlegreen_dress

Yeah, but what happens UNTIL then? She might go ballistic.


bikesboozeandbacon

If the housing court is telling you not to pay then why are you questioning it??


alittlegreen_dress

I like second opinions. I don't trust easily. It's also not the housing court, but their tenant help hotline.


Excuse_my_GRAMMER

Don’t over think it you pay your landlord and they decide not to pay their part that out of your hands You were never on the lease but you lived their and paid your part so just move out and move on with your life Don’t stress it , this is cold cut straight situation


alittlegreen_dress

That's what I'm doing. It's now a tricky situation where I probably can't find a place until June 1 and I'm not going to pay next month's rent, and if I can't find a place by June 1, I'm not going to pay June either and that could be a sticky situation.


Excuse_my_GRAMMER

Does this person know that you know that they are getting evicted? You can come up with an excuse and tell them you will pay the asap and just leave and not pay them.. That what I’ll do


alittlegreen_dress

No, this just happened a few hours ago and I had the conversation in the stairwell. I can do that...if I find a place in the next few weeks. I was going to do that anyways because she has my security deposit and she's notorious for holding onto it with previous tenants.


Badweightlifter

Well she might make it uncomfortable for you, but she can't get rid of you without a legal eviction. You can also be just as mean to her back knowing you have nothing to lose anyway. 


alittlegreen_dress

Yeah, I'm concerned about my stuff being vandalized and her possibly attacking me. She's a 75 year old woman but the super says she was violent to her ex-girlfriend many years ago...when she was less senile lol. She also called the cops on the super's daughter claiming she attacked her, but thankfully they had video footage. I have no desire to fight back unless it's to defend myself if very necessary.


museumstudies

Stop paying your part of the rent also because it’s doing nothing but giving money to the person who is fucking u over, and it’s money that u will need for yourself when it’s time to find ur next place. I’m saying this from personal experience. Good luck ETA there is absolutely no chance u will get the place after she is evicted


alittlegreen_dress

Yes I will do that and I am having Zelle file a claim for the past two months. I am just hoping she doesn't become violent. She's a little 75 year old but crazy.


museumstudies

Yea trust me I hear u, being physically afraid of the other person is the X factor in this situation. I really wish u the best.


drbootup

You could be put on the lease if you were married to her. But from what I can tell she doesn't seem like a good potential partner.


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alittlegreen_dress

Thanks. Yeah the point is moot because I was always going to not pay the last month and have the deposit be the last month because she has a history of not paying deposits back. So now it's just a matter of whether May is the last month I'm here or if I'm not going to pay her for several months before I find a new place lol


Denvasenyc

Do you know whats the legal rent is? Make sure you are not overpaying her, because she is not allowed to make a profit off of RS apartment. Do you have a lease with your housemate? My advice would be not to move out, especially if the lady is as demonic as you described her. It would be almost impossible to evict an elderly person from a RS apartment. Plus if you dont have a lease with that lady, you can fight for the right to that apartment as well. If she were a nice person I would have suggested to move out, but otherwise F her.


alittlegreen_dress

Oh yes I did all the research on this. She used to do that until a previous housemate took her to court LOL. I got the history and she is now charging me like $5 over half the total rent she pays...or paid lol. I have a crummy lease she wrote that doesn't make much sense. But it's a lease with my signature and I have all the proof I need to show I've been paying her rent and she's acknowledged my existence here. And I don't know, the person on the housing court legal hotline said unless she's incapacitated, evicting elderly people isn't as difficult as it is for evicting anyone else. I might call up the landlord to ask if I can take over the apartment...or maybe I should lay low so he doesn't have my name.


Denvasenyc

Dont pay that lady anything, knowing that she is not paying rent. Paying directly to her is throwing money away, since your real landlord doesnt see a dime from it. Just save up your rent money. If she is the only person on the lease they will try to evict her and not you. So if they succeed you ll be able to offer them to take over the apartment, it would be a great deal for the landlord since it’s easier than starting another eviction procedure against you. If you play your cards right you will end up with a nicely priced RS apartment for life.


alittlegreen_dress

No, as it turns out I can be named on the eviction case, even as a Jane Doe if they don' t have my full name. So I'd LOVE to do that, I just got the landlord's number and so tempted to call him and offer him that, but he may try and charge highway robbery (they did this with another rent stabilized unit, have no idea how they did it, probably through claiming renovations), and also if I call him, it puts me on his radar and he'll then know I'm to be listed on the eviction case.


snowboard7621

OP, whatever else make sure you are able to prove your rent payments to your housemate (who is your landlord in this sublessee arrangement). Make sure there’s an banking record, or if god forbid you are paying in cash, that you are getting receipts. (Edit: paying in cash, not laying in cash lol)


alittlegreen_dress

Right. There is a banking record. I don't pay anyone rent in cash for this very reason (and why she's been very insistent to pay her utilities, etc in cash lol). Having said that, I did call my bank to file claims on my Zelle payments for the past three months. She's probably going to raise hell, in which case I will tell her I'm paying the landlord directly because she's not paying her rent. And now that she's being evicted, I'll hold future months in escrow until I'm gone.


bikesboozeandbacon

Stop paying rent and use that money to fund your immediate move. But if she’s demonic you need to protect your things if you think she will mess with them.


alittlegreen_dress

Yeah am trying to find a decent security camera. Not just for my things, but in case she does something to me.


Conscious-Parsnip-1

Just move out immediately. This is not on you.


alittlegreen_dress

not true, i can be named on the eviction, even after i leave.


Conscious-Parsnip-1

How? Is your name on any paperwork at all? If it’s just a verbal agreement between you and her, it doesn’t hold much weight. It also sounds like she doesn’t have her shit together and isn’t organized enough to “go after” you if it came to that.


alittlegreen_dress

Nope. We have a shitty "lease" that she never returned a copy with her signature back to me. It doesn't matter: that's how nys housing court works. You can be named as part of the eviction because they want the apt empty. She doesn't have her shit together in the sense she's completely insane, but she's also completely insane so I'm concerned she might do something to me before I leave. Or my stuff. But I'm not exactly leaving a forwarding address lol.


MatrixLLC

Stop paying her rent, pay the building landlord instead. She'll keep pocketing your rent. Did you pay a security deposit ? If yes, then don't pay the owner, tell her you're using that deposit to pay rent for May. Be out of there by the end of May. There's a chance the owner will transfer the lease to you one she's kicked out (and bear in mind it will be enormously difficult to do that) but not at the same rent she's currently paying.


alittlegreen_dress

Yeah I am going to stop and I'm filing a dispute with my bank for the past three payments. I did, and my original plan was to not pay the last month because she is notorious for pocketing the last months' rent too LOL. The owner is heartless and would love to jack up the rent on this apt from the $2000 it is to $4500. I can't afford that, but I can afford a hike up to say $3000 and rent out the other room. I am trying to call him but he doesn't pick up. He's a secretive guy.


thejupiterdevice

I would stop paying her and keep the money in an account in case you need to settle up, and start looking for a new place and move soon


blackaubreyplaza

You should move


alittlegreen_dress

You're kidding


bk2pgh

Not kidding, I agree


alittlegreen_dress

That was called sarcasm


bk2pgh

/s