sublet

[oldladydriver]

yeah, well she just scolded me for getting advice from the internet, where shes been doing this shit for 20 something years. i told her i was nervous, because the info here sounded sure. im going with her advice as i have many years before, and she is a close friend as well. so ill see. the guy in my apartment is a bumb. im no longer a tenant, im now the enemy. what an asshole!

[oldladydriver]

damn i cant even spell 'bum'.... anyways thank you all. very greatfull for the help.

[katbka]

old,
I can't give you any advice, I'm just a harrassed tenant , but I want to wish you luck, because you will need it. Just remember - you have to calm down before doing anything. Otherwise while angry you might do something you will regret later. Trust me, you don't want any criminal charges - you won't be able to get a descent job, get any loans or make any major purchases.
Learn from your mistakes, but don't hurt yourself more. Good luck again!!!

[Cranky Tenant]

Originally posted by old:
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...

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yeah, well she just scolded me for getting advice from the internet, where shes been doing this shit for 20 something years. i told her i was nervous, because the info here sounded sure. im going with her advice as i have many years before, and she is a close friend as well. so ill see. the guy in my apartment is a bumb. im no longer a tenant, im now the enemy. what an asshole!
 

It truly amazes me how some people will post a question on this forum, get a number of honest responses from expereinced tenants, LLs, and advocates, and then go with some free advice from a "legal counsel"

Quite honestly, this sounds more like macho posturing that "legal advice". Legal advice involes using the judicial system to resolve your differences. Maybe your friend assumes the subletter will never show up in court.

Do what you please, but why to you feel compeled to tell people you're NOT taking their advice? No wonder you're found yourself in this situation.

<small>[ November 08, 2002, 05:02 PM: Message edited by: Cranky Tenant ]</small>

[consigliere]

Here's a link to Illegal Evictions: New York City Police Department Patrol Guide, Procedure No. 117-11.
 
But I don't think anthing will convince "old" that the "legal advice" given by an alleged attorney/alleged friend is wrong.
 
If this sublet has not been approved by the landlord, "old" could be the one ultimately evicted from the apartment. This would be particularly serious if this is a rent stabilized apartment.
 
The subtenant has already threatened to sue "old." While this may just be posturing at this time, he may know what his rights are, and if he's illegally evicted, you can be certain that he'll learn what his rights are.
 
And if there's an illegal eviction, you can be fairly certain that the landlord will hear about it.
 

[oldladydriver]

BTW i did find this site helpful, but i opted to go with my friend/lawyer, which turned out to be dumb!.. i did everything she told me, and it all failed. she and i are going to talk about this later, damn exgirlfriend!!... except there were no criminal charges against me .. thank god. it turns out this guy works for a broker, so he knows all the laws.. if you could all have been there to say 'we told you so'.. oh well. . ill fight. i did some research also.. and i didnt mean to sound like i didnt appreciate your suggestions, i just thought differently.. sorry to have offended. so on tuesday im going to get this guy out.. hes just going to ride the system while i stay homeless... thanks again

[oldladydriver]

well the research that was done states that this guy is a scam artist/drifter/asshole.. hes moved from city to city 4 times in the last 2 years.. i wanted to trust someone, and this is what i get.. i wont stop trusting people, but now ill use my connections more.. so ill do it the right way and hopefully things will finally go my way. is there a way to embarass him at work..something! this makes me feel like my life has just took a bad turn, and with the bad economy, money is tight. man ive never hated someone so much.. in front of the cops this guy had everything scripted. and my place smells like BO.. man this sucks.. thanks again all.. what doesnt this forum have a chat line like IRC.. i can help set up if you all want..

[Cranky Tenant]

Originally posted by old:
it turns out this guy works for a broker, so he knows all the laws.

If this guy works for a broker, has already posted the address and phone number on his website, and isn't paying you rent, he may be trying to negotiate with your LL to keep the apartment. All the more reason why you should do it by the book and file for eviction ASAP.

In the meantime, the next time you consult your lawyer/ex-girlfirend make sure she's speaking to you as a lawyer and NOT an old fling.

[oldladydriver]

ok so whats the first step.. do a nonpayment.. then eviction..? yeah the exgirlfriend thing wasnt too bright.. i would love to paste his info here., like an fbi warning.. i want to make his life very hard,is this still possible without getting in trouble.. the cops were very nice btw, they all withstood the stench of BO with me..we bonded, but obviously not enough to boot him.. so i guess this job out of town is out of the question; i would make a large sum, but the timing is not good.. right..

[finn2002]

HELLO.....again I will repeat that I experienced the same thing...You need to EVICT him first, b/4 you jump ahead of yourself & look for a holdover proceeding. This is the advice that a few people that have been corresponding w/ you gave me...not sure why they aren't suggesting this first & foremost (am I wrong in my suggestion?) You need to LEGALLY serve him a notice of eviction (even if he is supposed to be out @ the end of December). If he doesn't leave, you have covered your ass. As you stated he is a scam artist & by using threats & intimidation, has probably thrown many people in a tailspin (much like you are in now...accepting EXTREMELY poor advice from your friend) to the point where they get worked up & don't have the patience to do things legally. I may have been wrong about getting your $$ back in court, "but" I do know this: you have to go through proper eviction proceedings before you can move to phase two. Again I will state: Get thee to the Blumberg store & pick up an eviction notice, have it served by a process server (or be prepared to have a third party who is impartial serve him the papers, then fill out paperwork stating they served him). BTW, some of the best advice I received during my problem was from this website.
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I am not a lawyer, just someone who was held hostage by an evil roommate.

[Cranky Tenant]

It's possible you could still do the job out of town as long as you can be in New York for court. I don't believe you actually have to remain in New York but the case has to be heard in the county where the apartment is located.

These things don't happen overnight and January could roll around before you have your apartment back.

If you wrote the sublet agreement by hand, go back over your copy and make sure you spelled out the terms exactly as you intended. - that he had to pay one months rent for each month - September, October, November and December.

Last but not least, I would NOT recommend having your legal counsel/ex-girlfriend serve notice.

[consigliere]

Old Lady Driver (a/k/a "old") can start a non-payment proceeding immediately for the October and November rent. If this proceeds quickly, the subtenant could be evicted for not paying the rent, or he might pay the rent to avoid being evicted.
 
This is not a month-to-month tenancy. It is for a fixed term of four months. A notice of termination is not required, because the sublease expires at the end of December. However, it probably would be a good idea to give the subtenant written notice that the sublease expires at the end of December and won't be extended.
 
Old Lady Driver could start a holdover proceeding in early January if the subtenant is still there. In the holdover proceeding, back rent and current use and occupancy can be requested, even if a non-payment proceeding for the October and November rent may be pending.
 
But the landlord of the building may find out about all of this, and if the sublease hasn't been approved, Old Lady Driver could also be evicted from the apartment.