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Subject:
Roommate Issues
Category: Family and Home > Home Asked by: binnorie-ga List Price: $50.00 |
Posted:
02 Oct 2006 07:02 PDT
Expires: 01 Nov 2006 06:02 PST Question ID: 770135 |
I'm in the unfortunate position where I may have to evict my roommate. He and I have no agreement and I am the only tenant of record. I live in Park Slope in Brooklyn, NY 11215. I have signed a legal sublease with the primary tenant of this space. I have chosen not to renew my sublease here. The sublandlord had my roommate apply to put his name on a new lease so that he can remain, but he refused to supply enough information to prove his financial stability and therefore the sublandlord has denied this to him. I therefore sent my roommate an email informing him that he will have to vacate the apartment when the lease ends on December 1st, 2006. He verbally acknowledged that he received my email, but he is refusing to speak or email with me, so the acknowlegement was a simple 'yes, I got it'. Since then he has not paid me October rent. Today is only October 2nd. Perhaps he will leave me a check today, but he has always paid me ahead of time and so a red flag has gone up. I have tried to help him convince the sublandlord he would be a responsible tenant, but his refusal to supply the sublandlord with the proper information has left me looking irrisponsible for having accepted him as a roommate. He will not provide the sublandlord with his social security number (for a credit check) or his work history. He currently has no job and lives on his savings, but refuses to provide any proof of his savings nor any proof that he could get a job that would pay enough to allow him to pay the rent. He provided his girlfriend's current income and work history, but she clearly does not make enough money to pay the rent for this space. The sublandlord has sent him an email indicating that he did not provide sufficient information, and my roommate did not respond. If he does not move I will be liable for the rent and liable for any fees my sublandlord has to pay for any eviction proceeding (I'll have to double check my sublease for details). If I do not pay the rent, my parents, who signed on as guarantors, will be responsible. I would perform an eviction proceeding myself, but I'm not finding any law firm/lawyer online who can do this for me. I am also not finding anything online about my rights, only information about my roommate's rights. It is not my fault he has to leave; I have no choice in this matter. I have tried to help him, but he has obstinately refused me. When he moved in he paid me a deposit equivalent to one month's share of rent. I opened up a non-interest bearing checking account in my name to hold it for him. What are my rights? How can I evict him should the need arise and how long will proceedings take? If he does not pay rent, can I use his deposit to cover his portion without his permission? How responsible is he for paying rent? Can he get away with not paying? Help! |
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There is no answer at this time. |
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Subject:
Re: Roommate Issues
From: daniel2d-ga on 02 Oct 2006 22:24 PDT |
Immediately institute eviction proceedings against your roommate. Send him a certified letter/return receipt requested terminating his lease. Don't rely on e-mail (no proof he really got it). Try a free legal clinic at a law school. Contact the bar association for someone doing pro bono work. |
Subject:
Re: Roommate Issues
From: cynthia-ga on 03 Oct 2006 15:23 PDT |
I agree, you need to begin immediately. The fact October rent is unpaid allows you to begin. This could be a nightmare. To see how bad it *could* get, rent theis film: Pacific Heights http://www.imdb.com/title/tt0100318/ It's a bit over the top, but many of the rules cited are true, --this film will motivate you. |
Subject:
Re: Roommate Issues
From: cynthia-ga on 03 Oct 2006 15:23 PDT |
theis = this (sorry) |
Subject:
Re: Roommate Issues
From: scubajim-ga on 03 Oct 2006 17:07 PDT |
Get a probono lawyer. If you don't have a written agreement and his name isn't on the lease then have the landlord change the locks and put his stuff outside. |
Subject:
Re: Roommate Issues
From: jack_of_few_trades-ga on 04 Oct 2006 06:24 PDT |
I wouldn't be all that hasty. October rent was 1 day late (normally due on the first). If it is still late, it's still less than a week. He is your roomy and can't completely shut off communication. Knock on his door, catch him in the kitchen... If you really never see him (which I find hard to believe unless he almost solely lives with his gf), leave a note on his door saying that you really need to get the rent from him by X date or you will have to start the legal process. Jumping into a lawsuit is the American way these days, but that doesn't make it the right way... or even the best way. Be firm but friendly, I think he will come around and pay you the rent. |
Subject:
Re: Roommate Issues
From: cynthia-ga on 05 Oct 2006 02:56 PDT |
jack_of_few_trades, The asker lives in New York. NY has extremely stringent laws regarding tenancy. The rent may be only 5 days late (today), but it could take months to get him out, --MONTHS-- ... In NY, when one establishes "residency", it is virtually impossible to get someone out. I stand by my advice to start immediately. |
Subject:
Re: Roommate Issues
From: jack_of_few_trades-ga on 05 Oct 2006 05:52 PDT |
The time it takes to kick someone out should not affect when you start the process in most cases. Sure, NY residency laws are bad... but 5 more days is 5 days regardless of how long the process takes. In thise case, there is little evidence to support the idea that this tenant has no intention of paying any more rent. If you start the process to kick him out, then it is much more likely that he will pay $0 over the next couple months that it takes to kick him out. If you are diplomatic and reason with him, there is a good chance you will get what is due and he will move out when requested. If diplomacy costs you 2 weeks before the process starts, then at worst you will end up paying rent an extra month more than you would have otherwise. Is that worse than not collecting 3 months worth of his rent, having a good chance of his cooperation when it's time to move out, and the hassel of the legal process? I stand by my advice to take the diplomacy route for a week or 2 and then start the process after giving him fair warning. |
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