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!