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.