- Jurisdiction
- New York
What is the name of your state (only U.S. law)? NY
Hi, I have a question regarding tenant law for a rent stabilized apartment in NYC. I've been renting the apartment in question for over 30 years now however my name was never on the lease. The apartment is leased under my friends name who took me in as a room mate back in the 80s. Shortly thereafter he moved away to a different country thus leaving me with the apartment. My friend gave me oral permission to continue residence in his apartment and allowed me to sign the renewal lease under his name (I always sign his name on the renewal lease, not mine) each year. However, I pay the rent for the apartment under my name each month by check. I've been living there peacefully for the past 30 years with no issue. I never informed the landlord about this and he never complained so I can only assume that the landlord has long since waived any objection to my tenancy.
Today I find myself in a situation that requires me to file an eviction proceeding through court to remove a squatter in my apartment. Very long story short, I let a man into my apartment who promised to perform some renovation work in exchange for a place to stay while the work is being done (he never did any work, it was a lie to get in the door), he decided to take up residence instead. When I asked him to leave several days later, he told me "You are as much a legal resident here as I am. I will not leave and you will pay the rent otherwise we will both be evicted." I can't simply change the locks because that's illegal and I don't think(?) I can file an eviction case against him without being the lease holder (sub-tenant landlord). As per his exact words, I have continued to pay the rent, electric and gas bill on the apartment for 9 months now while he's continued to stay there free of charge. All the while I've been on the phone with the actual landlord of the building asking for his help with correcting the lease so I could go to court and get this low-life evicted at my expense. The landlord has refused to help me. He's worried about something, not sure what. It's very difficult to talk to this man (30 second phone calls at best).
My old friend (the true lease holder) is well aware of my current situation. Unfortunately he's unable to come back to this country to help me personally. He has told me that he'd be more than happy to write a letter if one would be of assistance such as a letter explaining that I am his subtenant or a letter assigning full responsibility of the apartment to me, such as that I am his agent (which I basically am because I've been taking care of the apartment and signing the lease under his name for 30 years).
Would either of these two letters be of any use to me and if so, how should I proceed?
If not, do I have any options available at this point or should I just consider the apartment lost?
Thanks in advance.
Hi, I have a question regarding tenant law for a rent stabilized apartment in NYC. I've been renting the apartment in question for over 30 years now however my name was never on the lease. The apartment is leased under my friends name who took me in as a room mate back in the 80s. Shortly thereafter he moved away to a different country thus leaving me with the apartment. My friend gave me oral permission to continue residence in his apartment and allowed me to sign the renewal lease under his name (I always sign his name on the renewal lease, not mine) each year. However, I pay the rent for the apartment under my name each month by check. I've been living there peacefully for the past 30 years with no issue. I never informed the landlord about this and he never complained so I can only assume that the landlord has long since waived any objection to my tenancy.
Today I find myself in a situation that requires me to file an eviction proceeding through court to remove a squatter in my apartment. Very long story short, I let a man into my apartment who promised to perform some renovation work in exchange for a place to stay while the work is being done (he never did any work, it was a lie to get in the door), he decided to take up residence instead. When I asked him to leave several days later, he told me "You are as much a legal resident here as I am. I will not leave and you will pay the rent otherwise we will both be evicted." I can't simply change the locks because that's illegal and I don't think(?) I can file an eviction case against him without being the lease holder (sub-tenant landlord). As per his exact words, I have continued to pay the rent, electric and gas bill on the apartment for 9 months now while he's continued to stay there free of charge. All the while I've been on the phone with the actual landlord of the building asking for his help with correcting the lease so I could go to court and get this low-life evicted at my expense. The landlord has refused to help me. He's worried about something, not sure what. It's very difficult to talk to this man (30 second phone calls at best).
My old friend (the true lease holder) is well aware of my current situation. Unfortunately he's unable to come back to this country to help me personally. He has told me that he'd be more than happy to write a letter if one would be of assistance such as a letter explaining that I am his subtenant or a letter assigning full responsibility of the apartment to me, such as that I am his agent (which I basically am because I've been taking care of the apartment and signing the lease under his name for 30 years).
Would either of these two letters be of any use to me and if so, how should I proceed?
If not, do I have any options available at this point or should I just consider the apartment lost?
Thanks in advance.
