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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Default Rights of Subletter, Not On Lease, In New York

    Hi,
    I found an apartment on craig's list and agreed to move in as a subletter for 6 months. My oral agreement was with the tenant on the lease, not with the landlord. I moved into my apartment on November 15th and was to move out on May 15th when my roommate's lease ends. On January 28th she told me she wants me to move out because of some minor lifestyle differences and some misunderstandings that she admittedly said she was at fault for.
    She now wants me to move out at the end of Feb. I don't want to leave. I have never been late for a rent payment, I have never done anything illegal and she admits that I have tried to be a considerate roommate.
    What can I do? What are my legal rights? We had and oral agreement and have no written contract although she did admit in an email that although we had agreed to me leaving in May, she thinks our schedule differences are too great. I don't think she told the landlord about me.
    Please help!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,303

    Default Re: Rights of Subletter, Not On Lease, In New York

    Hi Sorriso,

    This one vexed me for a little bit, but I come bearing news. Hopefully good.

    Your roommate is going to have to formally evict you if she wants you out. And because she has acknowledged in e-mail (you've saved this e-mail right?), she's going to have to work hard to get you out. SHE is breaking the terms of your agreement, not you.

    See, there's this law...

    THE RIGHTS OF TENANTS UNDER THE UNLAWFUL EVICTIONS LAW

    In 1982, the City Council of New York passed the Unlawful Evictions Law, a local ordinance making it illegal for any person without a court order to evict, or attempt to evict, a tenant who either has a lease or has lawfully occupied a dwelling unit for thirty or more consecutive days. The law also applies to tenants protected under the hotel stabilization provisions of the rent stabilization law where the tenant has made a request for a lease.

    Subtenants, roommates and relatives are also protected by the Unlawful Eviction Law. These occupants do not have to be on the lease or have made direct payments to the landlord to be protected. He or she, however, must have lived there for at least thirty consecutive days.
    Lynn Armentrout, an NYC Tenant Attorney, confirms:

    If you are the tenant of record and your roommate is not, and you would like your roommate to leave, and your roommate has been in the apartment for more than 30 days, and your roommate refuses to leave voluntarily, then, unfortunately, you have only one recourse -- a formal eviction proceeding. This writer does not prosecute (only defends) eviction proceedings. The law does not require that you be represented by a lawyer in Housing Court, and the Court provides assistance to parties without lawyers. However, without a lawyer it may be more difficult to get the results you want. There are many lawyers in the City of New York who make their living prosecuting eviction proceedings.

    http://www.tenant.net/alerts/articles/roommates.html

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