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Posted by TenantNet on September 16, 1998 at 16:32:54:

In Reply to: Re: RE: UPDATE to bad roommate.... hello Bill ??? posted by Linda Garthsi on September 16, 1998 at 14:51:17:

: I hired a lawyer, who is a major landlord/tenant atty in NYC.
: When I told him about what happened in my apartment and what you said
about criminal charges, he laughed so hard that I thought he was going
to have a heart attack!!

The person who responded to you "Bill Sender" is just another internet
user, like you and is not affiliated with TenantNet (if you thought he was).
This is an open forum, so you will get a variety of opinion, some good,
some bad. Although we are experienced tenant advocates, we are not
always right either, but then again, "major landlord/tenant attorneys"
are also not always right. Court cases are not always won on what is right
or on what is the law.

We scanned the thread of messages (it's a busy day) and I think I get the
gist. The answer to your rights and the roommates rights may depend on
who holds the lease. If both of you are co-signers to the lease, then you
both have the same rights (and obligations). If you signed the lease and
this person is a roommate, then as prime tenant, you have a leg up. Given
this latter situation, you have given this person permission to live in
your apt., and you can revoke that permission. But you must go through the
process and give the person notice (in writing, 30 days unless you have
a written agreement stating otherwise). If that person has been there
for more than 30 days, they have some rights and you cannot just change
the locks. Your right is to go through the process as cumbersome as it can
be, but it's there for very important reasons. It's called the illegal
eviction law is you just change the locks, and that can result in criminal
charges in NYC. In other areas, it may be grounds for a civil complaint.

See http://tenant.net/Rights/illevict/illevict.html for more information.

: There are no criminal charges when faced with a situation like I had.
: But you Bill should keep a tenant in your apartment and take video of
them and post it on the net anonymously. Only a fool would do that.
I am not a fool.

We are not speaking to the other poster's suggestion of video tape. We
are talking about the idea of changing locks. That is illegal in the
context of the illegal eviction law, so I would be careful. We certainly
hope this attorney did not tell you it was OK to change locks without
going through the process.

Follow Ups:

• 403 Forbidden your http://tenant.net/rights/illevict/illevict.html Linda Garthsi 9/17/98 (6)
  • Re: 403 Forbidden your http://tenant.net/rights/illevict/illevict.html TenantNet 9/17/98 (5)
    • One more thing... TenantNet 9/17/98 (4)
      • FINALLY !!!! EUREKA !!! Linda Garthsi 9/17/98 (3)
        • no more TenantNet 9/17/98 (2)
          • re: no more (corrected) Linda Garthsi 9/17/98 (0)
          • Re: no more Linda Garthsi 9/17/98 (0)

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Subject : 

Comments:
: : I hired a lawyer, who is a major landlord/tenant atty in NYC.
: : When I told him about what happened in my apartment and what you said 
: about criminal charges, he laughed so hard that I thought he was going 
: to have a heart attack!!

: The person who responded to you "Bill Sender" is just another internet
: user, like you and is not affiliated with TenantNet (if you thought he was).
: This is an open forum, so you will get a variety of opinion, some good,
: some bad. Although we are experienced tenant advocates, we are not
: always right either, but then again, "major landlord/tenant attorneys"
: are also not always right. Court cases are not always won on what is right
: or on what is the law.

: We scanned the thread of messages (it's a busy day) and I think I get the
: gist. The answer to your rights and the roommates rights may depend on
: who holds the lease. If both of you are co-signers to the lease, then you
: both have the same rights (and obligations). If you signed the lease and
: this person is a roommate, then as prime tenant, you have a leg up. Given
: this latter situation, you have given this person permission to live in 
: your apt., and you can revoke that permission. But you must go through the
: process and give the person notice (in writing, 30 days unless you have 
: a written agreement stating otherwise). If that person has been there
: for more than 30 days, they have some rights and you cannot just change
: the locks. Your right is to go through the process as cumbersome as it can
: be, but it's there for very important reasons. It's called the illegal
: eviction law is you just change the locks, and that can result in criminal
: charges in NYC. In other areas, it may be grounds for a civil complaint.

: See http://tenant.net/Rights/illevict/illevict.html for more information.

: : There are no criminal charges when faced with a situation like I had.
: : But you Bill should keep a tenant in your apartment and take video of 
: them and post it on the net anonymously.  Only a fool would do that.   
: I am not a fool.

: We are not speaking to the other poster's suggestion of video tape. We 
: are talking about the idea of changing locks. That is illegal in the
: context of the illegal eviction law, so I would be careful. We certainly
: hope this attorney did not tell you it was OK to change locks without
: going through the process.


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