subtenant's rights

[kayoppe]

I am curently living with a female roommate who is the single lease-holder of our 2BR apartment in New York. We have been living here for 4 months during which we had quarrels over habitual incompatibilities. Now, she has decided to kick me out of the apartment because she is the lease-holder. But we had an oral agreement which she agreed to share the place until June 2002 and I haven't violated any rules that we set up when I first moved in. Does she have the right to evict me without any just reasons? If so, how many days in advance must she inform me of the eviction? I would also like to know if there is a way to remain in the apartment or possibly sue her for the inconvenience and extra expenses this would cause.

 

[Michael Wechsler]

You may want to discuss with her an extension of time as she may have to give you 30 days notice to discontinue the relationship. As you have made the apartment your residence, it could be seen as a month to month arrangement. In this instance, it might have to be end of March before you could be made to leave. However, she may also be able to charge you rent. I'm not sure you could sue for the inconvenience of leaving as you would have had almost the same expenses whether you had to leave now or in June. If she just changes the locks, she could be asking for trouble.