Being asked to leave early

[Fyya]

I am a college student renting out a room as a subtenant in NYC. I have been living here for a little more than three months. My prime tenant and I have had no major problems for the first three months (Sept.-Nov.), but we are running into some trouble this month (Dec.)

On Dec. 1, I paid the rent for the full month of December. However, on December 3, my prime tenant sent me an email asking me to leave on December 23. What should I do?

My prime tenant and I don't have a lease and she doesn't even give me a receipt when I pay the rent. In fact, it's as if she's trying to cover up the fact that I live here. She also only accepts cash for the rent, tells me not to talk to the neighbors, and doesn't let me share the mailbox. In the past months (Sept.-Nov.), she rarely slept in the apartment but I saw her there occasionally during the day. She told me not to tell anyone she doesn't usually sleep there. But this month (Dec.) she is sleeping there more often and spending more time in the apartment. I don't understand what is going on here but it seems like she is hiding something.

I asked her why she wanted me to leave early and she said it was because she was having relatives over for the holidays. However, just last Monday, I came across an ad on Craigslist that she posted trying to rent out my room for January. In the ad she said that whoever takes the room may stay in the room from December 24-31 for free.

I would like a refund for the days that I cannot stay here but I don't want to ask right now because I doubt she'll give it to me. She might even ask me to leave right now instead of wait until December 23.

Over the past few days, I have been trying to find the landlord's phone number and gathering evidence that I have been living here. Most of the evidence is in the emails that she sent me. I have also taken photographs of me in the apartment to prove that I live there. Also, one of my friends from school knows I live there because she has walked me home a few times. Is this enough proof or should I get more?

The problem is, I cannot find any proof of how much I pay for the room. It is a reasonable price for a room of that size though. What is the best way to get proof of that?

[TenantNet]

It's unclear if the prime tenant is running a rooming house type situation or just has roommate(s), the answer to that might reveal how much notice a prime tenant must give to a roommate or sub-tenant. Of course receiving a notice doesn't mean you have to move on the date of the notice. That just means that they could then commence a proceeding in court.

If they try to switch locks, then call the police and read up on illegal evictions in the Reference section of this forum. And carry with you proof your residency.

But it might not matter has you paid - and she accepted - your rent through the end of the month. Legally, nothing can really happen until the new year. The courts go into low gear. More over, her email might not even be a legal notice.

As for the cover up, with some research you might find out if the unit is rent stabilized and if you're being overcharged, and possible eligible for treble damages. Too many tenants take advantage of rent stabilization by trying to make a quick buck on the backs of other tenants.

Why shouldn't you talk to the neighbors? Go ahead.

If she's changing her habits, it could be that the real landlord has a case against her.

Bottom line, I'd stay there at least until the end of the month and dig around to see if you're being overcharged. Look to Ecourts to see if there's a case against her.

[ronin]

I would go a step further. Print out the illegal eviction information and show it to her. Emphasize that it is a crime to illegally evict you. Also, tell her that you don't appreciate her offering people "free" weeks that you paid for and that she is defrauding you and you won't take it. Tell her you're going to complain to the landlord and tell him she is profiteering so her rent will go up. Let her know she has a lot to lose from playing games with your housing.

It is an unstable environment for sure, but you don't want to be out in the cold in this weather. Your prime tenant/ roommate is being an ass. If she had a problem she should have raised it with you.