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Roomate's son is harrassing me to move

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Roomate's son is harrassing me to move

Postby Linenoise » Sun Jul 02, 2017 10:30 am

Hi, I have currently been renting a room for over 4 years. My rent has been paid and is paid up. I need to explain the situation so you understand the issue - my roomate is an elderly lady who I've been very close with since just about when I moved in. Her son passed away last year, he had ALS. Prior to him passing away I was heavily involved with assisting him with the nurses aids that were there (They would send different ones who had no idea what they were doing) And I would help him with things like getting him to bed, getting him out, giving him medicine, fixing his ipad which had disability apps on it etc. At the current time I have no issues with the the roomate either. Her family namely her son and daughter (Who do not live here) were very friendly with me during this time. I knew it then but they didn't really want to be bothered with helping out their brother - they visited 2 or 3 times a year tops..and that was just for major holidays. They often expressed appreciation for me helping out - even regarding me as family a lot of the time.

Again, the son (who had ALS) passed away last year and recently the mother has taken ill. This is a rent controlled apartment. Now both that son and daughter who "thought" of me as family all of the sudden has been pushing me to move out. Not the mother (roomate) them. I even talked to her yesterday and she said take all the time I need and then the son calls me and tells me I have to be out at the end of the month. My guess is they want succession rights to the apartment. I met someone who works in land lord tenant court at a party last week and they brought this up as to why they may be trying to push me out. Keep in mind at the moment no legal action has been taken, the mother even made me soup because I have a bad cold so I know she's not mad at me...I just want to know if there is anything I can do legally to keep her son from harassing me. He texts me at least once a week asking when I'm moving, even lying to me telling me she has relatives coming to visit..when I asked her she didn't know what he was talking about. I'm not just some border here, I'm on good terms with the building management and the super and even have a key to the mailbox..as I have had for 4 years. I'd appreciate any advice - I'm looking up attorneys but I don't know if that is over kill or not, thank you in advance. - LN

P.S. The apartment is in Manhattan, upper west side near Columbia university - my guess is the son and daughter want to get succession rights asap and dont want to have to wait to rent it if I'm still living here after she passed. (Which I hope isn't soon - I don't want succession rights - I'm hardly home and work all the time so i'm hardly here anyway)
Linenoise
 
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Re: Roomate's son is harrassing me to move

Postby TenantNet » Sun Jul 02, 2017 12:19 pm

So you say this is a rent controlled unit. Do you know for certain it's RC, or might it be rent stabilized? To whom do you pay YOUR rent? And how is YOUR rent paid, by cash, check or money order? If you don't already, start now, in the memo, write "rent for (fill in address), for month of XX/2017"

Do you know, or do you suspect why they are pressuring you to leave? What's in it for them?

From what you describe, it sounds doubtful they might establish any succession rights and they haven't lived there for two years. Even if the mother passes away tomorrow, they need to actually live there for two years to get succession rights (one year if they are older than 62 or disabled). See https://goo.gl/DoMpsn

Now to get you out (for any reason), it must be on notice from the tenant, not the son or daughter (but yes, they could pressure her). She would have to give proper notice (so don't tell them). And to hold up, it's likely it would need to be written. Oral notices don't always hold up.

This page - https://goo.gl/amvXgY - seems to cover this, but I've always heard of more stringent requirements, i.e., written notice and 30 days minimum.

And do you have a written agreement with the tenant? If so, then that is likely to be valid until it ends.
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Re: Roomate's son is harrassing me to move

Postby Linenoise » Sun Jul 02, 2017 9:03 pm

She has lived here for 60 years, so I guess rent stabilized.

My suspicion is the kids want me out because I have been here for 4 years and they don't live here - if the mom passed (God willing she doesn't anytime soon) they don't want to go through the trouble of evicting me and have to wait to get a premium on an apartment they (my guess) have no right to. Again they have not lived here once in the 4 years I have been here. They have not lived here for 2 years, not 2 months not 2 weeks and not even 2 days.

The son told me to get out in 30 days - (not the mother, no communication on this subject at all) - I don't want to just move and get a crappy place - finding a place in the city is expensive and time consuming and summer I am swamped with work. I want to look for a place, I have been but don't want to be pressured.
Linenoise
 
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Re: Roomate's son is harrassing me to move

Postby TenantNet » Sun Jul 02, 2017 9:18 pm

60 years means rent controlled. Anytime before 1971 is RC.

Sure sounds like they do not have any succession rights. the son, it appears, has no standing to tell you to leave. It's not his apartment. I would ignore him. But see if he has power of attorney. If it sounds like it's getting sticky, I'd check with a tenant attorney to get clearer info on what type of notice is required.

One thing to consider is that down the road, you might have to leave if the tenant goes along with her son. So consider how you might want to negotiate out of this. You can certainly negotiate for more time, perhaps up to a year.
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