For 10 years I've lived in Brooklyn as a roommate. I never bothered to
get on the lease or try to, because it wasn't an issue. But now my
roommate who has the lease is trying to kick me out -- not over late
payment, but over the condition of the apartment and my perceived
"disobediance." to his rule. No, there is no relationship issue
between the two of us, we are (were) friends only.

The apartment is fairly evenly divided between the two main parties. I
have paid my rent checks directly to the landlord for the past 7 or 8
years. Several utilities are in my name or have been. At what point in
specific New York renter's law (or residency law?) am I considered a
tenant? Can my roommate evict me? There is one more person on the
lease who no longer resides at the apartment (not here for past 7
years) Does that have an effect?  Does anyone know what the precedence is for my
rights as a roommate not on the lease, or specific rules for gaining
"residency" or tenant status??

---

Request for Question Clarification by sublime1-ga on 15 Oct 2006 22:35 PDT

ziggy...

I'd suggest you talk directly with the landlord, to whom you've
been paying the rent. Even if your name is not on the lease, it
would be his call as to your right to remain there.  He may even
be open to having you sign a pre-dated lease that asserts your
right to be there, depending on whether he empathizes with your
story.

Let me know where this takes you...

sublime1-ga