sublet

[oldladydriver]

i sublet(ed) my place for 4 months(sept-dec), i came back halfway through the agreement because the guy had not payed for oct and now nov. i want him out, he keeps giving me the runaround.. what can i do. he threatened to take me to court. i want to throw his crap out.. what do you all think?. the agreement was hand written by me, stating that i received 1 months rent and a deposit. the deposit would pay for the last month(dec). also in the agreement he would pay 150.oo in utilities(dsl-phone and coned). some one help!

[oldladydriver]

Even if its a sublet? I feel like since its my apartment, i can kick that guy out. i cant afford lawyers and i need my place back, to work. i came back from a job 2 months early, to deal with this joker. he said he had the money, then weeks later, he kept giving me the runaround. 2 months havent been paid. im never doing this again. the fact that he threatened me, proves hes an asshole and was planning this all along. sorry for the 'asshole' part.. just so damn pissed.

[HAJ77]

Unfortunately, your situation is a common one on TenantNet either a roommate or sublettor that refuses to leave/pay and everytime someone finds out after the fact that they are now a de facto landlord bound by NYC Tenant laws.

I agree that you would be best served by hiring an attorney and letting them handle this situation, but that is an expensive option that doesn't fit into most people's budget. To start, I would suggest searching the TenantNet archives for roommate/sublet evictions, since you will be starting an eviction process in NYC Housing Court and need to carefully follow the law, if not you could face serious civil/criminal penalties.

Below are several links that might help you, read the article on Illegal Eviction, it will quickly change your mind about changing locks or trashing his belonging.

Illegal Eviction

These links below all come from HousingNYC.com

Owner/Landlord FAQ

It's a tenats guide, but should be helpful if you've never been to Housing Court.

Housing Court Part I

Housing Court Part II

[oldladydriver]

well thanks for everything.. so now i have no place to live.. this eviction is such a pain.. thanks again

[oldladydriver]

so this guy has a website that directs all info to my address and phone, which tells me he doesnt want to leave anytime soon. is there another way, maybe ill take my chances and act like a tough guy, thisis so annoying. where can i get sublet agreement forms? ok im done!

[oldladydriver]

since i cant afford the time and money for legal action, what if i just move back in to my apt, while hes still there. then ill just be sloppy and hopefully he leaves, right..

[consigliere]

"old" wrote:
 
since i cant afford the time and money for legal action, what if i just move back in to my apt, while hes still there. then ill just be sloppy and hopefully he leaves, right..

  
You have no right to move back in. You sublet the apartment to him through December. The fact that he hasn't paid two-months' rent doesn't give you the right to move back in.
 
Go to housing court and talk to the pro se attorney. You can bring a non-payment proceeding on you own. Just make certain that the rent demand and the notice of petition and petition are properly served by a third party.
 

[oldladydriver]

ok. so my landlord could be doing the same thing to me.. so i have to wait until dec.. then what.. start over , can i move in?

[finn2002]

I just went through something similar, spoke to several lawyers (including a tenant's rights lawyer so as not to infringe on my former roommates rights.) I would suggest getting a legal eviction notice (you can pick one up @ The Blumberg store) & have it served @ THE END OF THE RENT CYCLE (Nov. 30th) by a third party, or a process server. That gives him 30 days to get out. THEN I would be ready to do a holdover proceeding if he is not out by the end of December.
Under no circumstances should you remove any of his belongings or change the locks. Even though it is your apt., if he receives one piece of mail establishing residency & has been there over 30 days, he has a right to be there. It is a horrible situation & as I said, I just went through something similar so I wish you good luck. The best advice I can give you is to do everything by the book & eventually, through the court system, you will most likely be reimbursed for the back rent. Most of the time, when you show that YOU mean business, they will back off & leave.
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I am not a lawyer, just a victim of an evil former roommate.

[consigliere]

"old" wrote:
 
ok. so my landlord could be doing the same thing to me.. so i have to wait until dec.. then what.. start over , can i move in?
 
 
What do you mean by "... so my landlord could be doing the same thing to me ..."?
 
You can start a non-payment proceeding for the October and November rent now. You don't have to wait until December, especially because you said that the security deposit could be used for the December rent.
 
No, you can't move back in. As that Lorrie Morgan country song asks, "What Part of NO Don't You Understand?"
 

[oldladydriver]

ok i just talked to my friend (legal counsel) she said to change the locks and pack his shit neatly. basically tell him to goto hell. no one is to push me around. let him take me to court its my apartment its where i live. and so on...

[HAJ77]

If you follow that advice you will be facing criminal charges, potential civil charges, and be in a far worse position than you are currently.

I'd spend the money you'll waste on bail getting advice from a qualified tenant/landlord attorney.