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Posted by MikeW on August 19, 1999 at 13:00:33:

In Reply to: unwanted posted by m. on August 18, 1999 at 14:48:14:

The first thing is to definitely move back in. Since the your new situation aborted so quickly, with no paper trail (you didn't sign a lease, get utilities, etc to the new apt, did you?), you probably have little functional risk of being evicted from the new apartment.

How long has the roommate, subtenant, whatever, been in the apartment? If its less then 30 days, and she can't substantiate more than that, and has no written agreement to the contrary, you can probably just have the cops throw her out. If she has been there more than 30 days, you'd have to get an eviction from housing court.

: i have the lease on a rent-stabilized apartment.
: i arranged to have a friend move into my room (the other room is occupied by a non-lease-holder who is
: long-term, no-hassle roommate)while i moved into another (nicer) apartment. that apartment fell through, and i want to move back into the apartment i hold the lease on.
: she has occupied the room for one week-- the day she moved in, august 1st, i told her i needed to move back in and asked that she move out by september 1st.
: she is resisting me verbally-- not threatening legal action, but i am afraid she will simply try to stay in the apartmentand refuse to leave. \
: is asking her to leave within my rights as a leaseholder-- and does she have any rights?
: is she a squatter? what does that mean legally? i think i'm being generous, considering the fact that she never gave me a deposit and we have nothing on paper.

: i am trying to be informed in case she tries anything...

Follow Ups:

• Re: Back to the subject DK 8/19/99 (7)
  • Theory and reality MikeW 8/20/99 (6)
    • Re: Theory and reality Mark Smith 8/20/99 (5)
      • Re: Theory and reality MikeW 8/20/99 (2)
        • NYPD Patrol Guide, Unlawful Evictions Mark Smith 8/20/99 (1)
          • Re: NYPD Patrol Guide, Unlawful Evictions MikeW 8/20/99 (0)
      • If he is, he should identify himself as such (nt) MikeW 8/20/99 (1)
        • Re: If he's a lawyer, he should identify himself Mark Smith 8/20/99 (0)

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Comments:
: The first thing is to definitely move back in.  Since the your new situation aborted so quickly, with no paper trail (you didn't sign a lease, get utilities, etc to the new apt, did you?), you probably have little functional risk of being evicted from the new apartment.

: How long has the roommate, subtenant, whatever, been in the apartment?  If its less then 30 days, and she can't substantiate more than that, and has no written agreement to the contrary, you can probably just have the cops throw her out.  If she has been there more than 30 days, you'd have to get an eviction from housing court.

: 
: : i have the lease on a rent-stabilized apartment.
: : i arranged to have a friend move into my room (the other room is occupied by a non-lease-holder who is
: : long-term, no-hassle roommate)while i moved into another (nicer) apartment. that apartment fell through, and i want to move back into the apartment i hold the lease on.
: : she has occupied the room for one week-- the day she moved in, august 1st, i told her i needed to move back in and asked that she move out by september 1st.
: : she is resisting me verbally-- not threatening legal action, but i am afraid she will simply try to stay in the apartmentand refuse to leave. \
: : is asking her to leave within my rights as a leaseholder-- and does she have any rights? 
: : is she a squatter? what does that mean legally? i think i'm being generous, considering the fact that she never gave me a deposit and we have nothing on paper.

: : i am trying to be informed in case she tries anything...


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