Can my roommate kick me out?
By - sveronabak
I hired a housing lawyer to evict my roommate who wasn’t on the lease (they skipped rent for 3 months). The lawyer said that NYC housing laws strongly favor the subletter and that they have squatting rights after 30 days. Definitely consult a lawyer, but I believe you can stay and duke it out in court. That said, you’ll be miserable. I would move out ASAP.
Thank you! She informed via text and then again via email, trying to intimidate I suppose
No signature receipt
It is considered an in writing notice--specifically the email.
Lots of caselaw on that.
Unless you have a sublet from the landlord, you do not have a lease legally--as of 2018 when I last had to check. It's considered a room share agreement and is treated--at least in Queens Court--month to month. You can't force someone to pay the rent for the duration should they choose to break their lease and you can end your agreement by providing written notice, which includes email. You have no rights to stay, they have murky rights to kick you out, unless they can get their landlord to join in evicting you. Ultimately, however, these situation get toxic fast and generally unsafe and the courts are going to look at the person not on the lease as the ultimate problem. They have no legal relationship with the landlord, so why aren't they moving? is basically the sum.
Source: I work in legal and rent a room. I contacted Queens Court for clarification on the laws in that County after dealing with a 1 month sublet who wanted to squat and not pay. I've also talked my agreement & its enforceability over with housing attorneys. Things change and this is also how it was explained to me, so always there is room for error and confusion.
She can’t do much but ultimately you risk a lot staying there with nothing more than a room agreement.
You don’t really risk legal ramifications. You risk altercations. You risk coming home and finding yourself locked out or property destroyed or being accused of theft. She can turn off your internet, deny you access to the kitchen. If you took them to court to assert your rights, she’s only going to point out she asked you to leave and you decided to stay. The court can force her to give you access to that but usually they will also tell you.
Can you squat there after your move out date and force her to legally evict you? Sure. But if I see your username respond to my room listing, I’d tell you to fuck off.
In fact, I’ll probably dig through your post history so I never accidentally rent to you and then block you on this app.
Lmao interesting, I made this point from my POV because it was simpler but this is for a former roommate of mine who is having an issue with a crazy woman we both lived with and I just want to help her as much as I can. She was a literal nightmare
She should move. A room share lease is not airtight. I know people who tried to hold someone to a room share lease (legally it's merely an agreement, not a lease) for payment and were roundly rejected because the tenant gave notice. Here your friend has received notice and been given a month and a half. Sending a termination in a situation where you share space carries a different weight in housing court. If your friend were to go to court, the court is going to ask why your friend chose to stay and fight and didn't leave since they weren't on the lease. They aren't going to order that the lease be upheld.
If your friend has the money for an attorney, they have money to move. If your friend doesn't have the money to move, then she needs to figure out a solution that gets her out. Just having a right to be there doesn't mean the lease holder has to make her comfortable. She could deny her access to everything. If the lease holder starts claiming your friend is a threat and making them unsafe, it can get very, very uncomfortable. I have seen people get arrested. (Not in my home, but yes, I've seen it.)
You know what is in 45 days? Nov 1. For all you know this leaseholder is moving out in 45 days because the lease went up too much. Then your friend is ass out anyway because her room share agreement does not obligate the landlord in any way legally and she could end up legally evicted as a squatter in November. Which I'm pretty sure would make her unable to get housing in her name again.
All of these things have ramification for future housing for your friend. I wouldn't help her stay. I'd help her get somewhere safe and comfortable.
Unfortunately I had a similiar situation. I lived in Astoria, renting a room from a guy, we had a one year agreement. Few months later he randomly asked me to leave. I did not take it seriously and stayed, whilst looking for another place. Few weeks later I came home to the Marshal's eviction notice on the door and all my belongings thrown in a storage. I went to court but aparently he had the law on his side. Bummer.
The marshal came BEFORE you had a court date?
That sounds strange.
I was told me that most likely I had received something by mail from a court but it never got to me because my roommate intercept it. So for me it was a huge surprise
You were supposed to be served personally.
Did you go before a judge after eviction?
Absolutely nothing! No one served me anything. It was 15 years ago but I still remember it. After eviction of course I had to go before a judge, and he explained to me that my roommate had the right to do what he did, unfortunately. I swore that I never received any hearing letters but how can someone prove that?
So the judge believed you ignored the notices?
Anytime I was late and got served it was in person followed by certified mail, regular mail, and a postcard from the court.
I had to show ID and sign for certified letter. The process server handed it to me in person.
Were you late in rent?
Had you paid for the month you were evicted?
If so did you get a refund?
I paid every month.
None of those steps you mentioned I had to do.
Perhaps 15 years ago it was different?
It indeed is still a painfully memory being locked out out of my room and trying to figure out where to crush and not having an access to my possessions right away. Some of my things were damaged but I was so exhausted and stressed by the whole process that I just didn't want to start another one to make him reimburse.
Wow thats crazy I’m sorry
That's why she should move out. This is exactly the kind of shit she's risking trying to stay. Personally, I'd give her security back and say use it to move to grease the wheels. His "friend" can ask that but you might not get anywhere.
This is recipe for someone to get arrested.
This gets asked all the time.
The leaseholder would have to go through a process in landlord tenant court to get a judge to issue a warrant of eviction to be served by a nyc Marshall.
Anything else is negotiation.
I know nothing but you might also wanna post in r/legaladvice \- good luck!
Please don't refer people to r/legaladvice for actual legal advice; it's a cesspool of laypeople making non-legal suggestions, speculating about the law or, at best, speaking from anecdotal experience. No attorney is providing consultations via subreddit, and even if they were, the relevant law in this case is highly place-specific. OP needs an expert in New York tenancy law.
my b! thanks for letting me know
Question: does she have a stabilized lease?
Like rent stabilized? Sorry could you clarify who you’re referring to/what a stabilized lease is
> rent stabilized?
No, not rent stabilized. She also raises the rent for new roommates that move in, on her own accord
I asked because if it was a stabilized lease, her subletting a room to you without permission from the LL would have made her vulnerable to losing her lease and you could have held that over her.
Definitely good to know, the landlords aren’t aware of *who* she rents the rooms to, and I don’t know if they’re aware that she rents the rooms out at all. They might, but she doesn’t give her roommates any information about management or landlords (I know this is info I can find online)
Apartments have an occupancy number. You are allowed that number x2. Landlord do not have a right to determine who you share your home with unless you are under a rent control or rent stabilized lease where the numbers are tighter and defined differently. It's highly unlikely she's doing anything that will get her into trouble. Morally wrong? Yes. Illegal? Not really.
And you can contact the landlord, but what landlord is going to be excited to deal with someone whose already trying to violate the agreement they have to live in their home? Not a one.
Is your lease month to month?
She has to evict you like any other LL.
yes. they have to evict you. However, if you're on a room share with a 45 day notice given then you'll be evicted pretty quickly. That's what happened to the guy in Astoria.