Help! Lease expired. I (tenant) moved out. Guest won't leave

[odonnela]

What got me here:
- I'm the sole name on the lease. Lived in apartment for three years (February 2006 - February 2009).
- Friend needed help and moved in 18 months ago (February 2008) -- is not on the lease -- has never paid for rent or utilities.
- I moved out six months ago (February 2009) when lease originally expired.
- Friend has manipulated her way to extend the lease a few more months, making me pay the bill ($3,000+ per month).
- After legal notices were served in May to vacate by the end of July, she lied her way (long story, but she has admitted to me it was a lie) into extending the lease through August.
- She still hasn't left.
- On September 2nd, I received a voicemail from the management company: "Your sub-tenant has not vacated. We will be commencing legal action today which will name you as the prime tenant in that proceeding. Your credit may be affected."

I DON'T WANT TO BE SUED!

What I've done:
- Called the police. They said that because she's been there more than 30 days, they can't get her out. Only tenant-landlord court can get her out through a city Marshall. Changing the locks or removing her stuff (even to put it into the hallway, put it in storage, or drive it to her parents' or sisters' who are in nearby Long Island) will get me arrested. Police sympathize with me, but say the process usually takes months -- sometimes a year.
- Spoken with my super. Asked him if he's ever dealt with a situation like this -- wondered if he had advice. He said in 25 years of managing a large building, he has never run into this. We're trying to work together on this.
- I've cut the cable/internet (which was in my name).

What she's done:
- Called the police when I came over after I was there for five hours, pleading with her to leave, not make my life any more of a hell, be thankful for the tens of thousands of dollars of rent I've paid for her, and please NOT get my sued -- that's all I ask. I just want to be off the lease and have no obligation to the management company. She told the police I "broke in," claimed that I was "claiming it's my apartment, but really its hers (the doorman downstairs told the police she's crazy, and that it is my apartment," and told the police that I was threatening to kill and rape her (completely false -- I've paid tens of thousand of dollars for her to live there -- I moved out because I can't stand her -- I don't want her to live in the gutter -- I just want her out of my life, and out of my wallet). I'm not sure if I have any recourse for her making false allegations against me to the police. The police immediately sided with me, realized she's crazy and delusional (in their own words), asked if she's on medication, etc., but admitted to me that they cannot remove her based on tenant law that protects some, but is abused by a few like this girl.
- She's "explained" to management and the police that they should "give her" an apartment "for free" because it's "an honor to have someone as prestigious and beautiful" as her in the building. A serious case of narcissim. She truly believes everyone is here to serve her. She does nothing. She claims to be working with government agencies, and is entitled to the apartment as a basic right of her status. She is crazy, uses a fake name, belives she is a legal "Ambassador," "Supermodel," etc. She told this all to the police in front of my face. That's when they knew she's a nut. Perhaps I should call the Health and Human services -- she needs medication and serious counseling (though she's fight it) -- I'm not sure they can get her out of the apartment, though.
- Note: it is relevant that she has no income, and could not possibly sign a lease or have it transferred to her name. She cannot afford an apartment on her own, but this is a prime luxury doorman/elevator/pool high-rise in the best part of Manhattan. Certainly, she could find a cheaper place (then again, this place has been FREE for her for the 18 months she's lived there). And she has family in Long Island. But she refuses to "downgrade."

After the police came, both they and the doorman pleaded with me to wait until the end of the weekend so that they don't have to come back again and again. I promised the management company out by Saturday if they would not sue me. They granted me that and said if it's one day later, they will. WHAT DO I DO???

My questions:
- If I've moved out and my has lease expired, am I still legally liable for her being there (her remaining there is outside of my control -- I would push her out physically, but I'll go to jail).
- What defines the end of my tenancy? Have I fulfilled my part by moving out and vacating myself? I'm the only one on the lease.
- Is she a subtenant? A guest? A squatter? I don't think she's a roommate -- we haven't lived together in six months. I don't think she's a subtenant -- she has never paid for rent (or anything else), and I left when the lease was up -- she didn't -- I had not intention of ever returning to the apartment or re-signing a lease. I JUST WANT OUT OF THIS.
- If she stays there, can the management company sue me, as they've claimed?
- Can I (not the building/landlord) legally turn off the power (ConEd) on MY apartment to get her out of there? If so, will she be able to start service in her name for an apartment that she doesn’t have a lease on?
- How do I go about finding a legitimate and affordable housing lawyer? I don't have much money left after what she's done to me.


I've scoured the boards and legal references like these for information on whether I'm still legally a tenant, whether she's my responsibility, what defines the end of a lease, etc, but haven't found answers to my questions:
http://tenant.net/Other_Laws/RPL/rpltoc.html
http://tenant.net/Other_Laws/RPAPL/rpapltoc.html (Particularly Sec. 711: http://tenant.net/Other_Laws/RPAPL/rpapl07.html)
http://www.lawhelp.org
http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

In sum:
This isn't an issue of me wanting to kick her out to get another roommate, or to live there alone. I do not live there/ I have no intention of living there again. My lease is expired. I moved out six months ago. Until she leaves, management is saying that I'm legally on the line for her occupancy, even though she has no lease, and my lease expired. I thought I could legally kick her out. Apparently it would take many months through a city marshal or NY landlord/tenant court. Is this truly MY problem? Or is this the BUILDING's problem?

Can anyone point me to any legal documents that clarifying my questions or my liability here? This woman has quite literally driven my broke. I cannot afford a pricey lawyer, let alone a lawsuit. Of course, she doesn’t care.

Any thoughts and advice would be GREATLY APPRECIATED.

Thank you!

[TenantNet]

This is too long to read the entire thing, so I'm only responding to the top part.

Your roommate can not "extend" the lease on her own. Something else must have happened. Nor can she force you to pay what you don't want to pay. There's something else going on here.

In this case the LL appears to have a point. The person is your roommate or sublet. You have not vacated the premises until this person is gone. You need to go after her in court as if you were the LL, commencing a licensee proceeding after serving proper notice.

It might be possible to join with the LL to seek her dispossession at this time, but untimately the LL had the lease with you and will seek all rent from you. You, in turn, can go after the roommate.

Police are correct here (usually we hear of the police breaking the law). The illegal eviction laws exist to protect tenants.

[odonnela]

Thanks for your reply -- sorry my previous post was long.

She did "extend" the lease on her own, and force me to pay yet another month. By lying. Here's how: at the end of July, I pressured her to leave. She told me, "someone knocked on my door and gave me a notice to vacate within 30 days. I signed it, so I have 30 days left." I didn't believe it, and asked her to show me the copy she had signed. She "couldn't find it." So I called the management company. They said they were unaware of it, but commented that they employ a legal team and collectors, and assumed that they must have done that. So, even though I called management to verify that this had NOT happened, management concluded that it could have and therefore did happen. Thus, she got another month. And yes, later on, she admitted to me that she had lied -- no one had come to the door -- she hadn't signed anything. She just lied to me and the management company, and got away with it.

She is systematically driving me broke -- and has drained me of money and kindness.

Here are my questions from before -- I'd be very appreciative if you could comment on them:
- If I've moved out and my has lease expired, am I still legally liable for her being there (her remaining there is outside of my control -- I would push her out physically, but I'll go to jail).
- What defines the end of my tenancy? Have I fulfilled my part by moving out and vacating myself? I'm the only one on the lease.
- Is she a subtenant? A guest? A squatter? I don't think she's a roommate -- we haven't lived together in six months. I don't think she's a subtenant -- she has never paid for rent (or anything else), and I left when the lease was up -- she didn't -- I had not intention of ever returning to the apartment or re-signing a lease. I JUST WANT OUT OF THIS.
- Creative thought: If I move back in, and become her "roommate," could I expedite the process in getting her out? If I remember correctly, aren't rules to remove a roommate somehow easier that removing a squatting tenant (i.e if I'm not living there)? Removing a squatting tenant seems next to impossible.
- If she stays there, can the management company sue me, as they've claimed?
- Can I (not the building/landlord) legally turn off the power (ConEd) on MY apartment to get her out of there? If so, will she be able to start service in her name for an apartment that she doesn’t have a lease on?
- How do I go about finding a legitimate and affordable housing lawyer? I don't have much money left after what she's done to me.
- Can anyone point me to any legal documents (codes / statutes, etc) that clarify my questions or my liability here (e.g. Am I still legally a tenant? Is she legally a sublessor? Am I liable for her behavior after the lease has expired and I've moved out? When does tenancy end?)

Thank you!

[TenantNet]

It does not matter what she signed. She is not the tenant and not a party to the lease. She could sign the US Constitution and it would not mean anything legally. I don't know what you're thinking, but the lease was not extended ... especially if no one seems to have a copy of it. Don't be gullible.

You have to return possession to the LL ... empty. That's YOUR responsibility.

See the thread on illegal eviction in the forum reference section.

I answered the other questions. At this stage you should probably get some legal advice. It sounds like you're confused over a lot of this.

[concord]

ODONNELA

You state that you vacated the apartment in FEB of 2009 and that you have been residing elsewhere ever since that time.

You inquire about the consequences of having the electricity (ConEd) discontinued. If you have been paying ConEd for the last six months then one may imply that you have been living there or that you agreed to maintain the apartment for your girlfriend. If she is as manipulative as you imply then she may claim such.

Either way, this issue has become complicated for you and, as tenantnet suggested, you should get legal advice.


TENANTNET

You state the following:

“In this case the LL appears to have a point. The person is your roommate or sublet. You have not vacated the premises until this person is gone. You need to go after her in court as if you were the LL, commencing a licensee proceeding after serving proper notice.”

For my information can you please clarify if I am correctly understanding that to mean the following:

(Theoretical scenario)
I have a roommate named Jack.
Jacks’s name does not appear on my lease.
Only my name appears on my lease.
My lease expires on December 31, 2010.
I tell my landlord that I am moving out on December 31, 2010.
I do so as promised.
Jack refuses to leave.
On January 15th ,2011, Jack is still in the apartment and he has no plan on leaving any time soon.

In this scenario I would be responsible for the rental for Jack’s continued occupancy of the unit (including physical damage to the structure and its facilities that he may cause).

[TenantNet]

You got it. You may have moved out, but you still have possession of the unit. Possession must be given back to the LL. That means no roommates, sublets or whatever. Jack moved in with your permission; he's your responsibility.

note: squatting is something different based on adverse possession, which is not the case here.

When LL's seek possession, they usually list all named tenants and all occupants, either by name or as John/Jane Doe's. In such a case the LL may get possession, but he might also get a judgment for the outstanding rent ... that might include the period after the prime tenant moved out.

WHen a tenant brings in a roommate, they are in effect, a landlord. They rent out the use of a room and common areas for as long as the license is given. To get the person out, the license must be revoked by proper notice and a licensee proceeding must be brought in court.

[Jeffnet]

She's "explained" to management and the police that they should "give her" an apartment "for free" because it's "an honor to have someone as prestigious and beautiful" as her in the building.

Yup, that will be enough to get you a luxury apartment for free in NYC....

[odonnela]

Thanks for your replies.

Can anyone point me to legal codes/statutes that elaborate on this issue?

I've dealt with the police four times in the past five days. None is a lawyer, but several have told me with confidence that this is NOT my problem. I had a lease. The lease expired at the end of February. I moved out at that time. The building elected to continue renting on an unofficial (no lease) month-to-month basis, whereby a total of six one-month extensions were granted, with proof in email exchanges. Now they're not extending anymore. I owe no back rent as of today.

Basically, it comes down to this: I moved out on time when the lease expired and owe no back rent, it's not my problem. I've done everything in my legal power to get her out. I can say in front of a judge that I moved out on time, paid rent, and did everything I could to get her out. Yet the big management company is going to come down on me? Many people I've spoken to feel that judges are going to side with a tenant over a large management company. They can and will sue me, but will probably not win. Especially since there is a track record of my actions, police reports, etc (last night, she told me and several officers that I am "no longer on the lease," and that she "signed a six-month lease yesterday." On a Saturday? I don't believe it, but cops were there, and witnessed the whole thing -- it's in a police report. So I can tell a judge that I was told that I'm no longer on the lease (actually, there IS NO LEASE -- it expired in February).

Some cops thought that buildings take a big risk when they go month-to-month, as this one did unofficially.

Of course, I still need t speak with housing lawyer. Does anyone have experience with finding one? Getting a consultation? Can I go for a "free" one, or would I simply get what I pay for? Does a consult cost $100-$200? How do a find a good lawyer? Avvo.com? Lawyers.com?

Thanks!

[TenantNet]

Now you're changing the story a bit. But even so, the bottom line is, did you ever return possession of the unit back to the landlord? Forget all the other excuses, did you return possession?

Lawyers? Have you not looked on these pages? The ads are all around you.