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scammer subtenant won't leave

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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scammer subtenant won't leave

Postby narwal » Sun Aug 14, 2016 6:27 pm

Daughter had already left apartment to visit me for a chunk of summer. Found a lady on Craigslist, and a neighbor let her into the apartment. Daughter gave her a signed sublease for June 8-Aug1, but never got it back, or references, identifying information. (God bless the children, but I shoulda been watching.) Lady paid $1000 of the $1450 she owed for the first month, then started making complaints about slow drain, not enough hot water, etc so she wouldn't return the lease or pay more money until it was fixed. Sometime after she'd been there 30 days ("because I'm smart," she told me later) she hit daughter with the bomb: I'm not paying you, you are paying me because you caused damage to my property with bedbugs and I'm not leaving and it's not your apartment anymore because you are a liar and a dummy. As soon as I could, we got in the car and drove from Iowa, to find the locks changed. Daughter let herself in the fire escape window, and we started unloading the car while scammer told us get out, it's not daughter's apartment anymore. Police came and made her give us a copy of the key, because, daughter is leaseholder, and pays the bills. And scammer's sublease that she couldn't produce was expired anyway.

Scammer took off with a whole bunch of stuff after having superintendent witness she is not moving out. Place was SO filthy. She's been back once for 20 minutes with police escort and made a stink about the bags of garbage I had made of her mess, but police told her to quit wasting their time. So we're living in a sea of scammer clutter.

Daughter's lease is up September 30 and she's leaving the country before that and I fear scammer will hold residence past daughter's lease and daughter/cosigning grandfather will be held responsible.

Tomorrow we are filing a Holdover without Predicate Notices based on considering it a combo subtenant/roommate situation, I forget the blanket term that covers both. Pro se lawyer will help us customize the form. Judge may throw it out on a technicality--there are technicalities no matter how we file, my head was spinning as pro se went through all the flawed options. Even if judge rules favorably, scammer may still stretch it out indefinitely, New York style.

So, I can't help wondering, if we come back to the apartment and all her stuff is gone, because obviously she moved out, then there is no reason not to change the locks and surrender the apartment clean. If she shows up to landlord with wild allegations that someone else took her stuff and the apartment is still hers, how could she have a case? I read that she must prove her identity. She may produce an expired, signed sublease which would establish she had been there over 30 days once upon a time, but I'm suspicious at this point that she even gave her real name. She didn't have ID to show police that first night we let ourselves in, and she gave them false information, so I'm thinking if landlord or super demanded ID she won't even have it. And if the place is empty, she has no key, and it's back in landlord's possession from prime tenant, what can she do? Just wondering, theoretically.....

My brain is exploding trying to figure this all out.
narwal
 
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Joined: Sun Aug 14, 2016 5:28 pm

Re: scammer subtenant won't leave

Postby TenantNet » Sun Aug 14, 2016 8:54 pm

First, understand this is "tenant" .net, not landlord.com. We favor tenants here and do not help landlords or those acting as landlords. Unfortunately that's where you are now.

Second, anyone who gets someone from Craigslist ... well, you kind of asked for trouble. If you're filing a holdover, I get the impression you've already consulted with an attorney. If not, you should. Pro Se attys can only go so far.

You should probably not toss the subtenant's property. You might be responsible for it. Check with your atty and see if you can pack it up and put it in storage or somewhere that it will be safe. After some time (it's either 30 or 90 days ... I would go with 90) it can be considered abandoned.

If the subtenant owes you money for rent or other damages, you might be able to hold the possessions hostage, but again, I would get a legal opinion before doing that.

I stress that you should probably exercise caution in all these matters even though it's a pain in the ass. If you cross the line, even unintentionally, it might make things worse for you.

Finally, keep your kids in Iowa. Sounds like NYC isn't for you.
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Re: scammer subtenant won't leave

Postby narwal » Mon Aug 15, 2016 7:34 pm

Thanks for taking the time to answer.
narwal
 
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Joined: Sun Aug 14, 2016 5:28 pm


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