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Posted by Richard Feder on January 18, 1998 at 01:57:39:

In Reply to: Squatter's Rights? posted by sally marker on January 15, 1998 at 20:02:50:

: I'm an artist renting commercial space which does not allow living on
the premises. I use the space as my studio, and two years ago I sublet
part of the space to another artist who began to live there without my
knowledge,

Normally for roommates, it's for residential living and if that were the
case you could commence a licensee proceeding after revoking their
"roommate status".

When my landlord learned of the situation, he had me ask my
tenant to leave. The tenant now refuses to leave or pay rent or
utilities, of which she uses a fair amount. (Meanwhile, I continue to
pay for the space and utilities she is using.) She hired a lawyer,
and managed to be granted 5 extra months to stay, in addition to the 4
months between her lease expiring and the court date we scheduled.
Soon she will legally be required to move out, or the landlord can evict
her. It doesn't look like she is planning to leave. If this is the case,
what can we do?

This appears to be a commercial rental... otherwise you would have the
right to have a roommate no matter what the landlord says. Even so, if it's
a sublet, then I would think you would have standing to seek her eviction
as the prime tenant (the landlord would put pressure on you). It's a
little confusing and I'm not sure how she got the extra months, especially
without paying. I would consult an attorney if you haven't already.

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Comments:
: : I'm an artist renting commercial space which does not allow living on 
: the premises. I use the space as my studio, and two years ago I sublet 
: part of the space to another artist who began to live there without my 
: knowledge,   

: Normally for roommates, it's for residential living and if that were the
: case you could commence a licensee proceeding after revoking their
: "roommate status".

: When my landlord learned of the situation, he had me ask my 
: tenant to leave. The tenant now refuses to leave or pay rent or 
: utilities, of which she uses a fair amount. (Meanwhile, I continue to 
: pay for the space and utilities she is using.) She hired a lawyer, 
: and managed to be granted 5 extra months to stay, in addition to the 4 
: months between her lease expiring and the court date we scheduled.  
: Soon she will legally be required to move out, or the landlord can evict 
: her. It doesn't look like she is planning to leave. If this is the case, 
: what can we do?  

: This appears to be a commercial rental... otherwise you would have the
: right to have a roommate no matter what the landlord says. Even so, if it's
: a sublet, then I would think you would have standing to seek her eviction
: as the prime tenant (the landlord would put pressure on you). It's a 
: little confusing and I'm not sure how she got the extra months, especially
: without paying. I would consult an attorney if you haven't already.


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