Termination of monthly lease from my apt in NYC. What if my roommate doesn't leave?

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silverfoxyone

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I have a non-rent controlled, co-op owned, apartment in NYC (has about 16 units total in the building). I have lived in it since October 2006. It is maintained by a "Housing Board" of tenants and rent is collected by a "Management Agency". This management agency says that they are just a company that collects money for rent- the Housing Board makes all the rules, sets the price of rent, and determines who gets to live there.

My lease expired May 31, 2008 and I have since been on a month-to-month basis. I was verbally told in January of 08 that upon termination of my lease I would be offered to purchase the apartment. I thought about the idea and the proposed price they told me it would be and figured it was a good investment.

I am a frequent world traveler. In the past 18 months I have been to 15 countries. The housing board was told of my frequent traveling and told to contact me via email or contact my roommate (my brother) if there were any issues while I was gone. The first week of April, two days before I was scheduled to be on a flight to Asia and gone for 4 months, I was given a notice of "purchase the apartment by May 31st or your rent will be doubled."

I wrote back to the Housing Board (as we had a good relationship) and expressed to them that I was leaving for some 4 months time and would not be able to complete the process of purchasing until my return in August. At that time, I would be happy to purchase. I also informed them that I was not so inclined to pay double what I had been paying for a year and a half and would continue with my set rent until my return to purchase. They did not respond to me with anything in letters, phone, or email.

Upon my return in early August, I was in constant written communication with them regarding the purchasing of the apartment. After about a month of written communication, they stopped writing and would not set up a meeting with the Housing Board and myself to get the purchasing of the apartment completed. After hearing some things that were said between the Management company and my brother, I realized they did not wish for me to purchase the apartment any longer.

Thus, I wrote a letter and told them I would be moving out by the end of the month, end of September 2008. Today is October 1st. I have moved out of my apartment. This past weekend, however, I was served with papers saying that "my monthly contract is being terminated" and need to leave the residence by October 31. I am obviously fine with that as I have already moved out of the apartment. My brother on the other hand is not so keen on leaving.

My brother (my roommate for the past 2 years) is very upset at the way the Housing Board has handled all of our requests for meetings, and lack of information needed to purchase the apartment. He was told that the Housing Board chose to "double" our rent because they were upset with our frequent traveling schedule.

So, my question today is this: My name is the only name on the lease. It states that I can not have any roommates other than family members (thus, my brother). My brother wants to stay in the apartment until he gets evicted. He says that they cannot technically do anything to me since I left before Oct 31. If they press charges and/or evict anyone, it will be under His name, and not mine.


I have tried to do as much research as possible with NYC tenant/landlord laws.

1) I found that after the termination of a lease and a tenant stays on for month-to-month contracts (as I did) that both parties must agree to the amount set. I did not agree to the new monthly amount set, and was never thus told to move out due to not agreeing to this new amount.

2) I found that I should have given 30 days notice and I only gave 20 days notice. Thus, probably the reason they told me to leave the end of October.

3) I asked for my security deposit back in my letter stating that I had moved out. I found that unless I did not pay rent or left damages to the apartment I am entitled to my security deposit back. I'm guessing they will keep it for October's rent.

I have turned in keys with a letter sent via certified mail saying that I have vacated the premises. I cannot find anything related to what happens to the person who's name is on the lease (in this case only mine) and had a roommate or family member living in the apartment who chooses not to leave. If my brother does not leave the apartment will I be prosecuted in any way? Or will they just go to a court to get him evicted?

I have since relocated back to my home-town in Idaho and being taken to court or anything would be a huge deal in getting back to New York City.
 
I assume the landlord knows you vacated the apartment but it seems that your being in the apartment on October 1 means they are going to charge you for October's rent. Regarding your brother... what is his problem? What rights does he think he has? The worst thing he can do is to have a proceeding brought against him. Good luck trying to find another apartment, which he will need probably sooner rather than later.
 
Thanks for the reply.

Well, I wasn't actually in the apartment on October 1st. I moved out Sept 30 and sent them a certified letter and my keys that day saying I would be out that evening and not returning to the apartment. I'm in Idaho now. My brother has found a new place to live. He has a new apartment he has moved into. But, he is using my/our apartment as a short rental unit for people in NYC. He is basically just getting some extra money for his pocket.

What's his problem, you ask? Basically, he likes to get money whatever way possible. That's what he's hoping to do. Now that I've moved out and he has another apartment, he wants to keep tenants in this apartment to make some extra money.

I'm wondering if there is any way that they would be able to file charges against me. I'm the name on the lease. I moved out. Would they come after me and say, "you didn't get your family/roommates out of the apartment, therefore you're the one responsible."

When they go about evicting someone in NYC do they take charges against the person living there or would it be me since it was previously my apartment?
 
I'm wondering if there is any way that they would be able to file charges against me. I'm the name on the lease. I moved out. Would they come after me and say, "you didn't get your family/roommates out of the apartment, therefore you're the one responsible."

When they go about evicting someone in NYC do they take charges against the person living there or would it be me since it was previously my apartment?
Ahhh... this is what I needed to know. Yes, it is entirely possible that they will hold you responsible. Landlord-Tenant court in New York City isn't what most would think it is and they do dispense justice with a certain amount of "leeway" to do what they see fit (whether I've found that is clearly within the rules or stretching them.) I have no doubt that if the landlord needs to get him out, your name will appear on the Summons and they will try to hold you responsible for the actions of one of your own guests as a "holdover" in the apartment. A money judgment will be pursued against you as will the cost of the eviction process - and that could be costly. The worst part is that you and your brother have no defense whatsoever.

Regarding your brother, what may have worked in Idaho will not work in New York. Electronic records are compiled quickly as are filings to place liens against an individual and their social security number. Personally, I'd think twice about having a reckless individual around who might get me into trouble. Sure he might be able to squeeze out some extra money but it is likely temporarily and you'll pay the price. If I were you, I'd tell him to get out since you're the one who will ultimately be the person they have the most information about and easiest to pursue.
 
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