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A woman in trying to take over my apt

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

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A woman in trying to take over my apt

Postby Mel31451 » Sun Sep 01, 2019 6:36 am

Hello

I am a long term rs tenant spacious apt, reasonable rent.i made a mistake and allowed a woman to move into my apt. Did not give her anything in writing other than receipt for her aug rent + security deposit. There is no written agreement. She moved in August 19, even though she paid all of august. Within 2 days she informed me that this was now her lawful residence, and she intended to stay, then the avalanche of mail started arriving aug 20. Verbally abusive, texts me obsessively about how she has rights to this apartment. On August 27 I told her i will refund all your money but you need to find another place. I gave her 10 days to move out.
She has parents in Jersey, so she has someplace to go. Then she promptly disappeared. As of today, Sept 1 I, havent seen or heard from her. Cant serve her with papers bc dont know where she is. I have her last address. What the heck should i do?
Mel31451
 
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Re: A woman in trying to take over my apt

Postby TenantNet » Sun Sep 01, 2019 7:21 am

Moving into an apartment does not give anyone automatic rights of tenancy (or occupancy), or a right to a lease. Whether this person is a subtenant (sublet or undertenant), or roommate, it might not matter (at least for a few more days) in this case.

We are the first to caution against an illegal eviction, but in this case you say she's only been in your apartment for 13 days. Her having paid might not make a difference (did the receipt say the money she paid for was for August, or for 30 days?).

First, start documenting everything, including conversations, letters, envelopes (with postmarks) and so on. For any mail, send certified RRR.

Second, don't be sloppy. Be specific with what ever is said or done. Understand that some things will seem ambiguous later (i.e., one month or the month of August).

Third, get a legal opinion, especially if you intend to evict this person, either by self-help or by going through the courts.

Fourth, get familiar with what constitutes an illegal eviction (and you might be liable for the consequences). See http://tenant.net/phpBB3/viewtopic.php?f=15&t=5367
and http://tenant.net/Rights/illevict/illevict.html

...where it specifies "In 1982, the City Council of New York passed the Unlawful Eviction Law, a local ordinance making it illegal for any person, without a court order, to evict or attempt to evict an occupant who either has a lease or has lawfully occupied the unit for thirty or more consecutive days."

Fifth, whatever happens, don't dispose of her property. If you let her back in to retrieve her possessions, have a friend as a witness. Record everything. Yes that is legal.

Sixth, get proof of when she moved in. That might come into play at some point.

Seventh, consider a licensee proceeding in housing court. It takes a lot longer and will be expensive, but there's no question that it is a legal option. For that, talk to a lawyer.

Eighth, don't accept more money from this person. Just don't. It could hurt your case.

Here's one article on the subject:
https://flip.lease/learn/roommates/evic ... n-new-york
But we can't verify the source of that information.

Google, "can i evict a roommate less than 30 days in NYC" and a bunch of articles appear.

It's better to be safe from a legal standpoint. Use caution.
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Re: A woman in trying to take over my apt

Postby Mel31451 » Sun Sep 01, 2019 2:06 pm

Thank you for your answer. Receipt i gave her specifically stated August 2019 rent. I didnt take a security deposit, however she also paid "last months rent( to be determined)". Exactly as written on the receipt i gave her for the ttl of 2 months rent: August 2019, and last months rent (to be determined) This was supposed to be temporary because the apt she was to move into had mice/bugs. Thats what she told me. Now im nervous about the "to be determined" OMG. And no, i would never simply change the locks, or pack her stuff up. But i can dream.
How can i serve her when i dont know where she is? and would the service of an eviction/ holdover itself validate her occupancy?
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Re: A woman in trying to take over my apt

Postby TenantNet » Sun Sep 01, 2019 2:49 pm

Your first post said you took a security deposit. Be careful of the new laws passed in June, which further restricts the upfront payments that may be demanded. See https://www.brickunderground.com/rent/c ... month-rent

Receipts should specify exactly the purpose and time period the money is to be used for. Keep all deposits in a separate bank account, essentially in escrow, so you will have it when/if needed. There are laws on how security must be treated. Don't play loose with that.

Comments like "to be determined" are ambiguous and will lead to trouble.

Make sure you keep copies of anything you give to her. If you lack a scanner, then take photos of all pages with your phone. Same for anything you receive from the tenant.

If you don't know where she is, then obviously you can't serve documents. I would at least start with the last known address.

But again, in that it's less than 30 days, I'd get a legal opinion what you are allowed to do.
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Re: A woman in trying to take over my apt

Postby Mel31451 » Sun Sep 01, 2019 7:27 pm

I mistakenly called the money for "last month rent "to be determined" a security deposit in my original post. And yes, i have pic of receipt i gave her as well as texts/emails
Her last known address will forward to my home(apartment) i say that bc she told me she changed her address to my home. So, 30 days will fast approach. I went to my local police precinct and explained as best i could what has happened. They told me That since she was paid through the end of August, to come back Sept 1,and suggested that i give her
10 days notice (?) On the 27 of August i texted her that she had to leave in 10 days, which will be September 6. Meanwhile, no idea where she is, although im going to track down her parents in Jersey bc as per FB, she listed the town shes from.
"Last month rent "to be determined". Omg, how bad is it that i used those words? What was i thinking? she said she'd be here for a month or 2 while looking for another apt.
Thank you
Mel31451
 
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Re: A woman in trying to take over my apt

Postby TenantNet » Sun Sep 01, 2019 8:09 pm

I would still mail it as it shows the effort was made. Either mail certified mail RRR or use a Certificate of Mailing. The latter shows it was mailed but not received. The former costs more but in some instances is needed. I see the irony of accepting a letter you mailed, but still, you don't know if she will/won't be back. If you have the parents address, also send a copy there.

The police know nothing on landlord/tenant law, and are often hostile to tenants. Get a legal opinion. It's moot now, but you could have mailed a notice prior to when the August rent period was up.(you just can't actually move to remove her until the month is up.)

Texts and emails do not count.

The problem with "last month's rent TBD" is that it can be construed that she has rights of occupancy through the end of September. Just FYI.

OK, again I suggest you talk to an attorney. We can't help anymore as we're stretching things--we don't help people evict others.
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Re: A woman in trying to take over my apt

Postby Mel31451 » Mon Sep 02, 2019 4:03 pm

Thank you. She back . Tells me only housing court judge can remove her.
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Re: A woman in trying to take over my apt

Postby TenantNet » Mon Sep 02, 2019 4:42 pm

She hasn't loved there for 30 days. I don't think that's the case. But again, get a legal opinion. Tomorrow at 9 AM call a lawyer. If it's 30 days, seems like you have a few weeks.
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Re: A woman in trying to take over my apt

Postby Mel31451 » Mon Sep 02, 2019 9:44 pm

I plan on contacting attny. Re 30 days: she was gone from aug 27 until today. Does the 30 days re-set from today? she hasnt been in continuous occupancy. From what ive learned, person has to for occupy for 30 consecutive days and thank you for your replies. I appreciate it,!
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Re: A woman in trying to take over my apt

Postby TenantNet » Mon Sep 02, 2019 9:52 pm

30 days from when she started. You don't get to subtract the gaps. Being gone from Aug 27 until today - that's a long weekend.

If the agreement and payment was for "August," she might say that all of August counts, even though she didn't move in until later and the agreement made it sound like all of August. If that's the case, then you have to give 30 days' notice.
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Re: A woman in trying to take over my apt

Postby Mel31451 » Tue Sep 03, 2019 10:16 pm

Latest: today she sent sept rent to me by paypal. I emailed her that i refuse payment however unable to reverse this payment, unable to simply send her the amount back bc, according to paypal, she has blocked me. I cannot initiate new transaction whereby sent her the money bc she has blocked me. I dont like being force fed her money. Also today, received call from a,mediation company. She has stated that if i refuse mediation shell take me to court. Shes like a stalker who fantasises that there is a relationship. Asked her last night via email to give me a date by which she'll leave. Once shes out and returned the keys i will immediately and promptly return all monies.
Also asked to see her ID bc i cant find itt, Seems to have disappeared, she refuses to show it to me. Last thing is I emailed her inquiring what her intentions are here with
my home. No answer.
Mel31451
 
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Re: A woman in trying to take over my apt

Postby TenantNet » Tue Sep 03, 2019 10:52 pm

Call Paypal. There is a way to reverse the payment. Document everything that happens on Paypal. Take photos of the screen (screengrabs), with proof of her blocking you.

Google: "how to refuse a paypal payment" or "how to reject a pending paypal payment" or "how do i block a payment on paypal"

I would not agree to this sort of mediation. You don't know who they are, and chances are she is paying their fee (so who do you think they will favor?)

Take you to court, for what? That's why I suggest you get a legal opinion as to what your options are. Do that ASAP.
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Re: A woman in trying to take over my apt

Postby Mel31451 » Fri Sep 06, 2019 5:02 pm

Hello!

Wednesday night she kicked and hit me. Yes i called 911, so did she.
Thursday she came back to apt w 2 police officers to get some things of hers and handed me:
"Order to Show Cause in Lieu of Notice of Petition To Restore to Possession" and
"Verified Petition in Support of an Order to Show Cause to Restore to Possession"
Shes asking that judgement should be rendered:
Awarding and restoring her to Possession
Issuing a Warrant of Eviction forthwith
Treble damages ( there are none)
Also that i be stayed from reletting the premises
Stayed from removing any contents from the premises
(premises stated are the entire apt)

Her description of facts: that
"i harassed her in writing for a week and a half."
"On 9/4 i cursed at her and kicked her"
And that i "took the doorknob off so her keys would not work"

Qua?
Court date is MONDAY! Sept 9.

i am the rs prime tenant since 1991 .i am in my 60's and have a disability. Otherwise im good..have not changed the lock or otherwise impeded her access...Im a lady, and a law abiding citizen. Police are zero help.
Mel31451
 
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Re: A woman in trying to take over my apt

Postby TenantNet » Fri Sep 06, 2019 5:22 pm

Call a lawyer ASAP. Show up in court and tell the court you are seeking legal assistance, assuming that's true,
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Re: A woman in trying to take over my apt

Postby Mel31451 » Sat Sep 07, 2019 9:05 pm

I do have an attorney to appear with me.
Last edited by Mel31451 on Thu Sep 12, 2019 1:05 pm, edited 2 times in total.
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