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landlord harrasing us over boyfriend staying over

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landlord harrasing us over boyfriend staying over

Postby dopplegang » Fri Aug 19, 2011 11:01 am

So my girlfriend has a 2BR apartment in Astoria, Queens that she shares with her roommate. My gf is not on the lease (her roommate is) but the LL has approved her living there. Right now, the roommate is out of town on business until November, so I started staying with her more frequently. The LL started flipping out about it screaming and cursing at us that we were "sneaking around" the building and that I wasn't allowed to live there. We assured him I was just the boyfriend but he continued to harass us getting to the point where he insisted I could only come over 3 nights a week at max. We've complied with this rule, but he continues to harass and intimidate us -- threatening to create problems for her roommate's lease, telling me "You don't know who I am" (ie. he's in the mob!), yelling down the street at us "That's 2" (ie. how many nights we'd been there already). "Youre F***ing with the wrong guy", "I better not see your a&& here until next week". Stuff like that. He also stares us down whenever we leave the building together. It's very uncomfortable and creating a hostile living situation. Do we have any recourse? We're 2 nice people, not creating any problems for the building....
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Postby queensborough » Fri Aug 19, 2011 5:41 pm

I'm sure you don't want to cause any problems for the leaseholder, and since you stated that that person will be away until November, I would lay low for a while so he has nothing to complain about.

This guy sounds like a total nut job and a bully. Is he only objecting to you staying over or is he also complaining if you are just visiting? How does he know so much about what is going on, does he also live in the building?
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Postby Emeraldstar » Sat Aug 20, 2011 12:18 am

Hi All
Ahhhh yes...... Astoria & the mafioso LL. Seems it's open season on bf's since there was just another post recently on the same topic.
Controll freak.....got it? Legally your gf's roommate has a 2 bedrm apt. & Queensborough has a good point about not causing trouble for them.
For some odd reason Astoria seems a hot bed of snoopy LL's & perceived authority over those unsuspecting females who rent from them. Usually the reality is the gals are being skrewed over on anything from rent/utilities overcharges to illegal apt. conversions. The LL's want their money so they usually allow a roommate, however, let a stranger enter the picture & all hell breaks loose.
A male.......heaven forbid :shock: Might put 2 & 2 together :roll:
Best to let her visit you to shut old man Corleone up :wink:
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Postby dopplegang » Mon Aug 22, 2011 10:01 am

The landlord claims not to like me because I "snuck around" the building....not sure what he means by this except that I tried to avoid running into him since he was always so confrontational and hostile with me visiting. There was a period when I got back from a business trip and stayed there for almost 2 weeks straight and I think that really pissed him off, but at the time we didn't realize it would be such a big deal. My gf pays 50% of the rent and she was there all by herself while her roomie is gone!

But he is definitely stalkery...he lives in the apt next to hers, sits on the stoop in the morning watching the tenants ins and outs, and has security cameras all over the place. I want her to move, but I'm angry that she's being intimidated when she's paying good money for that apartment. If she were actually on the lease, would it be different?

Also, I should add, that it's technically a 1BR apartment (the LR has been converted into a BR) but the LL has OKed two people sharing (my gf and her absentee roommate) but only allows 1 person on the lease.
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Postby TenantNet » Mon Aug 22, 2011 10:23 am

The prime tenant can have a roommate no matter what the LL thinks. See the NYS roommate law.
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Postby dopplegang » Mon Aug 22, 2011 11:05 am

Thanks. What do we do though if he tries to throw my gf out based on the fact that she is not on the lease (he is super volatile)? He has basically threatened this because he objects to my visitations. Can he force her to move with no notice, or would we be entitled to call the cops?
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Postby TenantNet » Mon Aug 22, 2011 11:26 am

You need to document everything he says and does. Keep a dairy. Make recordings and so on.

He would have to take the prime tenant to court. but he's OK'd the roommate. The issue is that the roommate has a guest. As long as you're really an occasional guest, I don't see anything illegal going on. (and that you're not overcrowding the place from a zoning or occupancy standard, which I strongly doubt).

He would have to go to court against the prime tenant, not you and not your GF. Of course the prime tenant is not going to like that, but I don't see the LL winning here. The only thing he can probably get away with is not renewing the lease. Short term he's limited. Long term he can not renew the lease.
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Postby ronin » Mon Aug 29, 2011 3:31 pm

I disagree. Short term the Prime Tenant is not there to answer the action being out of town. As the Prime Tenant is away till November, if the LL files an action against her he will win in default unless she rushes back to begin Housing Court moving chairs... Since your girl's rights all stem from the Prime Tenant, she will have lost as well.

Bad idea to instigate him right now. You are behind the 8 ball.

Also, there is this feeling of deja vu to this thread. I feel like I have been here before... But different....

I give you the same advice I gave you in the prior thread. Look for it there.
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Postby dopplegang » Fri Sep 09, 2011 10:22 am

The latest update is that the LL has told my gf and her roommate (the leaseholder) that he would not be renewing their lease in July 2012. I mean, who cares, why would they want to stay there given his bad behavior? And he threatened me saying that if I'm there more than 3 nights a week, she (my gf) would have to move out earlier.

I'm concerned his plan is to continue to harass us/her in order to force her out earlier than July of next year. Can we file a police report against him or anything to get him to stop harassing and just leave us alone until she moves?
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Postby TenantNet » Fri Sep 09, 2011 10:49 am

Being unregulated, the LL can decide to not renew a lease. But both parties are bound by the current lease until it expires.

That means the leaseholder may have a roommate because NY State law says they can. The roommate's right to stay ultimately depend on the leaseholder, not the landlord. The prime tenant can continue the roommate, or ask them to leave (or commence a licensee holdover).

Roommates may have guests. While the prime tenant may establish rules for guests, it's not the LL's business unless the guest is creating a nuisance, which I doubt you are.

You can speak with the police, but the NYPD is notorious for being landlord friendly. Look at the illegal eviction information in the forum's reference section. I would speak with a higher-up person at the precinct before it's an issue. Your average cop on the beat will be ignorant of the law, or not care.
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Postby dopplegang » Tue Sep 13, 2011 11:29 am

Thank you.

Sorry one more thing -- he continues to threaten my girlfriend that he may kick her out sooner (than the end of the lease) and he harasses us on a daily basis.

What is our course of action if he tries to insist she leave within a month's notice? My understanding of the roommate law is that even though she is not the primary tenant, she is authorized to be there as per the Roommate Law and if he tries to forcibly remove her, we can call the police?

thanks!
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Postby dopplegang » Tue Sep 13, 2011 11:30 am

Also, let me reiterate that we are following his "rules" - I only visit 3 nights a week max, and yet he continues to harass and try to intimidate.
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Postby TenantNet » Tue Sep 13, 2011 11:53 am

What is our course of action if he tries to insist she leave within a month's notice?


I would ignore it. The LL would have to commence legal action to make that happen, and it would have to be against the prime tenant, not the GF. Read what I said above.

Also, let me reiterate that we are following his "rules" - I only visit 3 nights a week max, and yet he continues to harass and try to intimidate.


Unless there's something in the prime tenant's lease, which I doubt, such rules are unenforceable in my opinion. Don 't get freaked out by the LL.
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Postby Emeraldstar » Tue Sep 13, 2011 10:36 pm

Hi All
Just a thought......I hope your gf is in touch with her roommate. I'm thinking she should be kept in the loop on what's going on so there are no surprises. If he happens to get to her first can't imagine what kind of bs he'll spew her way? Your so what attitude is well founded & legal and I'm sure you realize your dealing with an ass so don't give him a head start.
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Postby concord » Wed Sep 21, 2011 9:52 am

MINOR PREEMPTIVE ACTIONS

If things become more intense and the police become involved the LL may claim that all three of you are living there full-time in non-accordance with the lease. He may furthermore claim that you physically threatened him. He is a snake and capable of anything.

It couldn’t hurt for you to compile some documentary proof, on your spare time, demonstrating that you live elsewhere.

Additionally when at this house of horrors, you should carry a pocket recorder or some device such as your cellphone that can easily and instantly record audio of the LL harassing you. This could be helpful as you can use it as leverage to get him off your back. Don’t tell him “I am recording you”. Just do it.
:glasses5:
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