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  1. #1
    Join Date
    Jul 2020
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    3

    Default Evicting Illegal Subtenant

    My question involves landlord-tenant law in the State of: New York

    I have an illegal subtenant who is refusing to pay rent and has damaged the apartment. She said she would move out in the beginning of last month (with 2 months notice) and keeps prolonging her move out date. She has been living in the apartment for a year but the land lord is unaware that she is living here. I know the legal process of eviction would involve notifying the landlord of her existence (possibly risking eviction ourselves) and properly evicting her through housing court. Although, the eviction process is halted until August and I can not afford to pay her rent any longer, I also have a new tenant meant to move in in August. There is no documentation that she has lived in this apartment, we never signed a contract and no utility bills are in her name. Her legal name is not on any of her mail and I don't believe she filed taxes for this year because she works under the table. The only evidence she has that she lived here for over 30 days would be that she pays rent through venmo, but it does not say the address. My question is sneaky, but I am curious if its possible to get around a proper eviction. If we changed the locks and placed her belongings outside she could try to report it, but I work with the police and have never seen them enforce an illegal eviction report unless the reporter has a record of her having lived there, which she does not. They would most likely send her to housing court and I'm wondering if the venmo transactions would be enough to prove in court that she has lived in the apartment for 30 days? I am very desperate here, feel unsafe in my own apartment and and paying double the rent so I need to see if I can be a bit sneaky. Thank you.

  2. #2
    Join Date
    Jul 2018
    Posts
    2,441

    Default Re: Evicting Illegal Subtenant

    If she sues you and testifies that she lived there and provides documentation that she paid rent, that's more than sufficient evidence of the tenancy unless you have evidence to contradict it, which you don't have unless you lie under oath. I'm sure, given your experience working with the police, that you know that would be a crime, right?

  3. #3
    Join Date
    Jul 2020
    Posts
    3

    Default Re: Evicting Illegal Subtenant

    If we went to housing court would she be able to sue me directly? I don't own the property... wouldn't she have to take the landlord to court and then would I even have to testify?

  4. #4
    Join Date
    Oct 2016
    Posts
    4,106

    Default Re: Evicting Illegal Subtenant

    Quote Quoting ag12345
    View Post
    If we went to housing court would she be able to sue me directly? I don't own the property... wouldn't she have to take the landlord to court and then would I even have to testify?
    You are her landlord. You are the one that accepted the rent and gave her a place to stay in the first place.

  5. #5
    Join Date
    Jul 2018
    Posts
    127

    Default Re: Evicting Illegal Subtenant

    Quote Quoting ag12345
    View Post
    My question involves landlord-tenant law in the State of: New York

    I have an illegal subtenant who is refusing to pay rent and has damaged the apartment. She said she would move out in the beginning of last month (with 2 months notice) and keeps prolonging her move out date. She has been living in the apartment for a year but the land lord is unaware that she is living here. I know the legal process of eviction would involve notifying the landlord of her existence (possibly risking eviction ourselves) and properly evicting her through housing court. Although, the eviction process is halted until August and I can not afford to pay her rent any longer, I also have a new tenant meant to move in in August. There is no documentation that she has lived in this apartment, we never signed a contract and no utility bills are in her name. Her legal name is not on any of her mail and I don't believe she filed taxes for this year because she works under the table. The only evidence she has that she lived here for over 30 days would be that she pays rent through venmo, but it does not say the address. My question is sneaky, but I am curious if its possible to get around a proper eviction. If we changed the locks and placed her belongings outside she could try to report it, but I work with the police and have never seen them enforce an illegal eviction report unless the reporter has a record of her having lived there, which she does not. They would most likely send her to housing court and I'm wondering if the venmo transactions would be enough to prove in court that she has lived in the apartment for 30 days? I am very desperate here, feel unsafe in my own apartment and and paying double the rent so I need to see if I can be a bit sneaky. Thank you.
    "Enough to prove in court? Are you so naive as to think that the subject person's oral testimony affirming that she has in fact resided in the premises would not be admissible as evidence of the fact?

    Please be advised that she would indeed be competent to testify as to her places of residence.

    Also be advised that the burden of proof would then shift to you. At which time you would either admit of it or be willing to commit felony perjury by disputing her testimony.

    "Oh! What a tangled web we weave, when first we practice to deceive."

  6. #6
    Join Date
    Jul 2020
    Posts
    3

    Default Re: Evicting Illegal Subtenant

    I'm not a lawyer!! thats why these forums exist, to ask questions. I don't know the housing court process, otherwise i wouldn't be asking. No need to be so condescending

  7. #7
    Join Date
    Jul 2018
    Posts
    127

    Default Re: Evicting Illegal Subtenant

    Below is a link that will help explain the rules governing a case before a New York City Housing Court. There you will learn that if your "illegal tenant" brings a proceeding against you for 'illegal eviction" it may come to a trial (Section 4 D) where all witnesses must be sworn under oath and at penalty of perjury! Anything else, sneaky?


    https://www.nycbar.org/pdf/report/tenantsguide.pdf

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