Posted by TenantNet on July 16, 1997 at 12:44:53:
In Reply to: Subletting posted by Maria B. on July 12, 1997 at 11:55:32:
:
: I am in a subletted apartment and I have a verbal agreement that this
arrangement was to last at least 2 years. Now at the end of 2 months
the person I am subletting from wants to evict me in 24 hours. I have
paid my July rent so I feel I have at least until the end of the month.
I'm also told that I legally have 30 days to stay. What are my rights?
and how can I enforce them?
He cannot change the locks or otherwise try to evict you without a court
order. In NYC that's a criminal offense -- read the Police procedure on
our web site regarding illegal evictions. As for the 30 days stuff, it
might be possible but it depends on the original agreement. If it's
verbal you get into a he said/she said situation. In some cases (like
roommates) the prime tenant can revoke the license of the roommate on 30
days notice. Do you have witnesses to the agreement? Even after 30 days,
he must still take you to court to get a court order and cannot take
matters into his own hands. If he tries anything, call the police -- and
if the police do not want to act, get of copy of the police procedure off
the web site and demand to speak with the Sergeant or whoever is in
charge at the precinct. It might behoove you to contact the precinct
before hand if ytou think something might happen. Let them know you know
the law and expect (if warranted) that it be enforced. Also contact your
city council person if the police give you lip service.
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