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Posted by TenantNet on January 16, 1999 at 05:10:26:

In Reply to: Can't just toss them (legally) posted by MikeW on January 15, 1999 at 12:25:39:

This is too convoluted, but a few observations. NYC's illegal eviction
law is based on tenancy (someone correct me if I'm wrong), but in order
to be protected by this law, the person in question must have been in
residence at least 30 days. I think Real Property Law also applies in
some respects. Also roommate situations are generally "licensee"
arrangements where permission is granted by a person with tenancy rights.
Apparently here this did not happen. It sounds like a bunch of college
kids crashing too long. SHe might be within her rights to prevent the
sub-sub-letter from crashing there (that's what it sounds like). If the
roommate (who is not on the lease) then wants to leave, so be it.

: The question is, how lucky do you feel.

: Legally, if she won't leave on her own, your going to have to go through a legal eviction process.
: This means giving 30 days written notice, and then, if they still won't leave, get an eviction from
: housing court. Don't screw up the paperwork, or you will have to go through the process all over again.

: Of course, you could just remove their property from the apartment and change the locks. I have a
: relative with a similar roommate problem who considered this approach. However, this
: is quite illegal. If they cops muster any kind of interest (not a given by any means), you could be
: arrested. And if the girl does have rich parents and access to a lawyer, you could face a hell of a law
: suit, which you would probably lose.

: Now landlords play fast an loose with the law all the time. But they have experience, resources, and
: access to lawyers. You could try and just put them out, but it could blow up in your face big time.

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Comments:
: This is too convoluted, but a few observations. NYC's illegal eviction
: law is based on tenancy (someone correct me if I'm wrong), but in order
: to be protected by this law, the person in question must have been in
: residence at least 30 days. I think Real Property Law also applies in
: some respects. Also roommate situations are generally "licensee" 
: arrangements where permission is granted by a person with tenancy rights.
: Apparently here this did not happen. It sounds like a bunch of college
: kids crashing too long. SHe might be within her rights to prevent the
: sub-sub-letter from crashing there (that's what it sounds like). If the
: roommate (who is not on the lease) then wants to leave, so be it.

: 
: : The question is, how lucky do you feel.

: : Legally, if she won't leave on her own, your going to have to go through a legal eviction process.
: : This means giving 30 days written notice, and then, if they still won't leave, get an eviction from 
: : housing court.  Don't screw up the paperwork, or you will have to go through the process all over again.

: : Of course, you could just remove their property from the apartment and change the locks.  I have a 
: : relative with a similar roommate problem who considered this approach.  However, this
: : is quite illegal.  If they cops muster any kind of interest (not a given by any means), you could be 
: : arrested.  And if the girl does have rich parents and access to a lawyer, you could face a hell of a law
: : suit, which you would probably lose.

: : Now landlords play fast an loose with the law all the time.  But they have experience, resources, and
: : access to lawyers.  You could try and just put them out, but it could blow up in your face big time.


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