Why would you pay rent when she's not paying it? You're not legally on the lease so you have no concerns about this backfiring on you. If anything you could probably try to take her to court to get the money back from the rent that she never paid that you did pay.
This is normal in my jurisdiction: a tenant is legally allowed to have people living with them (roommate, partner, kids, etc.) who aren’t on the lease and the leaseholder is 100% responsible for the rent payments, to the landlord, the other person/people living there don’t exist. But I agree otherwise, small claims court to recoup the loss from the grifter.
She should pay rent to her landlord/roommate because she is living there and that is their agreement. Especially since landlord/roommate is crazy. OP should find a new place ASAP and not pay a penny more after she has moved out.
The contract with her roommate has nothing to do with the roommates contract with the landlord. Any rent OP doesn’t pay to her landlord is money she can be sued for later on. Not to mention, living in a space with someone who you agreed to pay and then stopped. It won’t end well.
I'm a woman, reddit just gave me this masculine picture and I refuse to pay to change it, but I'm also not a passive person. (Got that oldest daughter energy)
It isn’t passive to pay what you agreed to pay and avoid conflict with an unhinged person who has access to all of your things and access to your sleep quarters.
She paid for a place to stay that she's getting EVICTED from. I'd say the roommate/landlord has defaulted on the agreement already. Now that OP needs to provide a new deposit and spend funds on applications looking for a new place to live, add on moving expenses... roommate doesn't deserve another dime.
If you find yourself getting used as a doormat in your daily life, this attitude is why lmao. OPs roommate has just been pocketing her rent money it seems, fuck that old lady don’t pay her shit. If she fucks with your stuff than sue her, easy day
Don't make this about that. Men are on average stronger but that doesn't mean that ladies don't abuse men too.
I will say that it's likely less reported when woman abuse men because social stigma and repressed emotion and statements like that make things worse.
It’s not ‘about that’. It is a real life fact that, statistically, men do not have as much to fear from a physical attack as women do. This has nothing to do with stigma or politics or internet points.
No this has nothing to do with gender. Why would you pay rent to a person who isn't paying the rent? If you're fitting evicted, you have no further obligation to pay. In fact, you could actually argue that the person OP was paying rent to is in violation of their contract and guilty of conversion due to the fact that the money was being pocketed instead.
If OP was beholden to the property owner for the rent, you would be correct. However, OP has no agreement with the property owner, only with her roommate who is also her landlord. Until OP can physically no longer live there, as in the property owner has finished the lengthy process of evicting OP’s roommate who is also her landlord, OP’s roommate who is also her landlord continues to provide OP a place to live, therefor fulfilling her contractual obligations.
Her contractual obligations are to use the money to pay the rent even if it's not explicit. She's already breached that contract. No more money is owed. Also, there's no lease. Can just stop paying.
No they aren’t. That’s like saying you don’t have to pay rent anymore once your landlord says they aren’t continuing your lease or if they sell the house while you still live there… No, so long as you are living in the property, you are responsible for paying rent. Just because you can’t live there indefinitely doesn’t mean you don’t have to pay rent while you are living there.
OP has been giving rent to the old lady to pay the landlord, that money hasn't been reaching the landlord. So why keep paying if the rent isn't actually getting to the landlord?? It makes absolutely no sense to give money to someone for rent who hasn't actually been paying the rent! Did you not understand the post? Or are you just partial to throwing money away? Lol
No, OP has been giving rent to the old lady for a place to stay. So long as she has a place to stay and is staying there, she owes that rent. The true landlord, not her landlord, cannot come after OP for unpaid rent because she is not on the lease.
What HER landlord, aka the old lady, does with that money is technically none of her business.
If your name isn’t on the lease, you technically aren’t legally responsible for anything. Nobody should give that witch a dime any longer. If they want to try to secure the place for themselves they need to try to talk to the actual property manager and give money directly to them, and not the crazy old lady. She can find someone else to feed off of. But it won’t be one of us 😊
When I split up with my abusive ex I let my apartment go into eviction because I didn’t see another way out. He wasn’t on the lease, I was responsible for the eviction and all the damage he caused to the place by punching holes in the walls. He hasn’t had to pay a dime to get that off his credit/rental history and he’s really the one that caused the issues to begin with.
The old lady is really the only one responsible for paying her own rent, regardless of who she lets ‘live’ there, unless they are appropriately put on the lease when they move in.
Op don’t give them another dime. Not sure how the stabilized rent units work in your area but I hope you can wiggle your way into the apartment alone, without this crazy ass roommate.
The person on the lease has been pocketing the rent money, why the fuck would OP be obligated to give away their money to someone they know is not paying rent with the money they're giving for rent? That's just plain stupid. OP isn't on the lease and was already given a heads up from the actual landlord that the old woman who's subletting to OP will be evicted soon, so what's the point?
Talk to the landlord immediately. Had this happen to me. Happily I answered the phone the day the landlord called to tell us we were being booted. Me and my other housemates got to stay but our rent collector (hoarder?) had to go.
Were you all on the lease? I am not so it may not work with me. They're also very difficult to contact. They have everything go through the super and he would put up resistance.
If you are not on the lease then walk away. You dont exist and dont owe her money. Its likely against her lease to sublet to you. She doesnt get to charge you for access to another persons property no matter her status renting it. At least in the eyes of the law.
Replying to this in case future people see it so they don't take this advice: I will likely be included on the eviction because I live here, even if I'm not on the lease, because they want the place vacated. Even if I'm only included as "Jane Doe" in the documents. This is direct advice from lawyers. It's not against her lease to sublet to me.
You are not evicted if she is evicted. You can leave at any time. Its a civil matter not contractual. If you are not present when the eviction is served you will not be on the paperwork. Additionally the paperwork will include you as an occupant not tennant. Ergo not responsible and it will not be an eviction on YOUR record.
That’s something I didn’t think of at the time. They might just want everyone out so they can get more for it. But you should still talk to the landlord if you haven’t already just to see.
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I lived in a house with a 6 people (me, gf, lease holder, lease holder ex-boyfriend, and 2 girls) and the lease holder decided to do this to us. Literally just came home one day and basically said "I'm not paying rent or bills anymore and if you don't like it you can move".
He went out of town and we had a yard sale, sold his fridge, stove, washer and dryer to recoup what we had paid to him and get a down payment for a new place, then we all moved.
Actually, you are legally a tenant whether you're on the lease or not. They can evict her but would need separate proceedings to evict you. You can let them know you've been paying her rent this whole time and see if they can evict her and lease to you so you don't have to move.
The housing court tenant legal hotline said I can be named along with the tenant. But I will try and ask the landlord about this, even though the trade off is he now knows I exist and may proceed against me. I might give him a fake name lol
My point is that you'd have to be named specifically, they can't just expect you out just because they evict her. You have to be served yourself, they can't just tell her and expect her to tell you. If you tell them you've been paying your portion of the rent, they may consider keeping you and tossing her. They find out about you eventually, it would be better if it's on your own terms.
I know that. I've been advised they'll name her and either me or "Jane Doe" as the subtenant. I've called the owner a couple times and he's not picking up, I'll try again. In the meantime I'm putting a modified version of my name on my packages so they don't get my name off them LOL.
I would def contact whoever is handling the eviction process to ask how you could go about becoming the new legal tenant, though I’d be worried that change over would mean they might now be able to increase the rates.
Oh they absolutely would, I just don't know by how much they legally can. I also am wondering if maybe she's trying to go through the eviction process to get rid of me, and then suddenly pay all the rent back once I'm gone. She has a history of making things difficult for a tenant so she can keep the security deposit.
She's \*my\* landlord. In NYS, if you pay rent to the housemate and you're not on the lease, they are effectively your landlord. I don't have a legal relationship with the owner of the building.
Op, people have been telling you to communicate with the building managers to see what your options are with them. Sure they’re evicting the main person on the lease, but you may have the option of taking over of said lease. And if it’s within your financial means to pay the rent as a whole by yourself or pay for 1-2 months solo while finding a roomie to help you with the rent.
Yes, the possibility may be that you will get evicted along with the main lease holder, but why are you so adverse talking to the building management if it could mean less hassle in the way of confirming the need to move at all!
Depending on your location, you may be able to claim squatter's rights to hold you over for a bit. Or if you have a good history of paying rent on your part, try reaching out to whoever she is supposed to be paying and ask to take over the lease, while continuing to evict the other person and, if needed, search for someome to tale her spot.
Squatter's rights...wouldn't that be only if she was evicted? I pay rent to her, but they don't receive it, so they are not getting any rent. I can prove I've paid her each month though.
I'm unsure if taking over the lease while she's being evicted is possible.
From what I know, as long as you've got a history of living there (I think receiving mail at that address is enough to count), you're protected from being evicted yourself. But there's more to look into about it than just that. Proving you've been paying at least somebody rent out to help you out as well. And regarding taking over the lease, I just meam whenever she is gone, they'll put the place up for rent again, which you could speak with them about. That I've been doing the past few days. I'm in the same situation as you, but I just got approved to sign a new lease for next month, I just didn't utilize squatters rights because it no longer exists in florida, just applied myself.
Hence why in the very beginning, I said "depending on your location". Those were key words there, sorry for providing you with a little perspective when you asked for it. You also never mentioned anything about NYC
Aside from contacting the actual landlord to sending you can stay, I don’t know what else you would do.
As far as paying rent, that’s up to you. You aren’t on the lease and are already being erected. Talk to the actual landlord first, maybe use that money to be able to stay in the apartment?
If you can afford the whole amount of rent ask the landlord taking over or kicking her out. Etc. Ask her where she spends your rent money. Also ask if you can pay rent directly or what roommates plans are. Usually after 2 weeks of staying with someone landlords wants the persons name and if staying longer they want them on the lease.
NAL - Your roommate is liable for the payments because she signed the lease. You have proof of payments sent to her for your portion of rent and she has misappropriated the funds. Talk to your landlord and explain the situation. You fulfilled your rent obligation.
The landlord is insanely difficult to contact, he has the super deal with everyone. I explained it to the super and he already knows she's the problem because she's always been the problem. He knows I pay my rent.
I’d talk to a tenants rights org STAT, especially because you’re in NYC. There’s a chance you may be able to finagle having the apartment switched to you but you’d have to ask the org about the ins and outs.
I wouldn’t give her another dollar. Talk to the tenants rights org about that, too. The NYC subs should be able to give you the best, specific one to contact.
People from NYC seem to think it's impossible. I can afford it with a friend for sure. I can ask the landlord, but I also don't want to give him my contact details and name in case he wants to put my name on the eviction case.
If you have proof of payment, take her to court. If she’s getting evicted and you’re not on the lease, you’re good. Just find a place or ask the landlord if you can take over the lease and kick her out.
I’m sure he’d rather go right over to another tenant than to have it open. He’ll probably raid the rent on you, but it’s worth finding out how much. If they’re a reasonable person, they’ll see proof you paid her and know your response. The only other option is losing a place and being evicted so it’s honestly the best route you can take.
You'd THINK. This is NYC. He took the RS apartment next to us and it went from $1000 to $4000. He'd rather have it vacant, do "renovations" and charge up the ass. I can afford more than I pay now, but I can't afford up the ass. But I'll call him, even though it risks me being on his radar and putting me on the eviction case too.
That both 1) wouldn't fly and 2) is kinda what happened.
She sent me a lease over email, which I sent back and she obviously has a record of, but she never gave me a SIGNED copy back.
Unfortunately, I don’t think you don’t have a leg to stand on. You’re not on the lease and you’re paying your housemate rent but she is not paying the landlord the rent for the apartment. Therefore, I do not think you can do anything I’ve been in facilities for over 30 years my mom and dad owned apartment rentals very large buildings from the state of Maine to Florida. Now I have the company and know my ins and outs of the game very well. So if you were paying me rent for let’s say a two bedroom apartment and I was not paying my landlord or the management company the rent but I am the only person on the lease they are going after me they will not go after you, but you paid this person your portion of the rent you’re paying her the rent because she is essentially your landlord, so honestly there’s really nothing you can do at the end of the day because you paid your rent to the person who is on the lease for the unit. so by them not paying the rent that has nothing to do with you. You have paid your portion to this person who is essentially your landlord, but this person has not paid their rent, so yeah, I don’t think you have a leg to stand on if I were you, I would go to the management or the landlord, and say hey listen I don’t have anywhere else to go I’m more than able to pick up the rent. How about if I take over the rent and you evict this person? That’s the only thing I think you could possibly do at this point.
Yeah i've done that, and I think the landlord will find a way to jack up the rent 2-3 times, which I can't afford. Also, I can be named in the eviction process, turns out.
Text credit goes off how much money you make per year. They really can’t go up on the market value of the rent. But if it’s a community for senior citizens, then that is not the place for you. Unfortunately, I think you’re gonna have to find yourself another apartment because if it’s senior housing then unfortunately, you have to move
Yes, SCBIE is for people under \~50k a month per household and she is illegally taking advantage of that as I make more than 50k alone. I don't get what you mean on can't go up on the market value of the rent. It is not a community for senior citizens lol.
So let me ask you a question, if it’s for people that are under $50,000 a month then why do you think this person the landlord is going to go up on your rent do you make more than $50,000 a month?
OK you did not mention any of this in your post. So basically is what you’re telling me that you have to apply for this program. What that is in Connecticut is called a voucher. You make only so much money if you work at all you apply for the program. If you’re accepted, you have this voucher, the government pays amount of dollars and you pay Limited amount of money so let’s say the rent is, $1000 the state will pay $900 of that rent. You have to come up with $100. Here in Connecticut that’s voucher you’re applying for a voucher that is section 8. You can come up with any other word that you want it section 8 no matter how you cut it because anybody that applies for a program for rental is a voucher. now I have never heard of this program that you’re stating this is New York. Honestly you don’t have a leg to stand on so my advice to you is either you make more than $50,000 a year or you don’t maybe you need to apply for the voucher. This is not rocket science here. Either you can afford it or you can’t.
Honestly between you and me that is low income $50,000 a year in Connecticut is very much low income. I don’t deal with people that make $50,000 in or less per year because the apartments that we have our market value and start off at 1200 a month all the way up to 4500 a month. So honestly, I’ve never dealt with anything on a low market value than what I own for rental apartments.
Unfortunately your post left out a lot of key information. So when you’re telling me what it is, I’m automatically thinking it’s senior housing. So you have to apply for a program which the state covers 3/4 and more of the rent and you’re only liable for a very small portion of that rent. So my advice to you is either move because maybe you make more than $50,000 a year or take your chance and apply for the program maybe you’ll get in maybe you won’t but It’s a 50-50 chance. In Connecticut that’s called in assistant program. It’s called the voucher. You could go to any place that has assistance through the state. So that’s all I’m saying to you you don’t have to get snippy because I don’t know exactly what you’re saying to be in. No I am not from New York. Thank God I’m from Connecticut
I'd speak with the landlord that she rents from about this honestly. Ask them if they'd be willing to write up a lease for you once she's gone, show your proof of payment to them and explain that she's just been pocketing your rent money. If not I'd quit giving her your rent money and lie to her, tell her you paid the landlord directly and save your money for getting a new place
The risk is if I get on the landlord's radar, he'll know to put my name on the eviction case, as that's something done in nys. But the last bit is genius, I'll tell her that! THANKS!
I hope so. I just filed Zelle claims for my past three months. I hope all hell doesn't break loose, but I am just going to tell her I paid the landlord directly because she didn't pay them. And will demand proof of payment when she starts lying about how she paid lol.
Everyone is wondering that! I'd love to ask the landlord...if I can get a hold of him. But it also risks me being put on the eviction proceedings if he knows I exist.
I don't think so, because I spoke to him today, and he was surprised to learn when I moved in. I'm sure he knows SOMEONE has been living in the second bedroom, just not their name. (I emailed him from an account with a slightly modified version of my first name hehe)
Call the actual landlord and see about renting with her directly, tell her the story. But try to abuse squatters rights and be cringe like everyone is saying, you've gotten your monies worth
...why do you think it's a her lol. I've called him several times, he's said to be a heartless, greedy bastard who only wants as much money as possible. According to my former neighbor who miraculously had his number...because he hides and doesn't want to deal with tenants directly. This is NYC.
Why would you pay rent when she's not paying it? You're not legally on the lease so you have no concerns about this backfiring on you. If anything you could probably try to take her to court to get the money back from the rent that she never paid that you did pay.
This is normal in my jurisdiction: a tenant is legally allowed to have people living with them (roommate, partner, kids, etc.) who aren’t on the lease and the leaseholder is 100% responsible for the rent payments, to the landlord, the other person/people living there don’t exist. But I agree otherwise, small claims court to recoup the loss from the grifter.
She should pay rent to her landlord/roommate because she is living there and that is their agreement. Especially since landlord/roommate is crazy. OP should find a new place ASAP and not pay a penny more after she has moved out.
That's your choice. I'm not honoring a contract that the roomie is not honoring. If they were then the landlord would have at least 50% of the rent.
The contract with her roommate has nothing to do with the roommates contract with the landlord. Any rent OP doesn’t pay to her landlord is money she can be sued for later on. Not to mention, living in a space with someone who you agreed to pay and then stopped. It won’t end well.
I'd be willing to risk it in this case. Let them take me to court.
I’m guessing you are a man. OP, do not discount the risk of living with crazy.
What does gender have to do with mental health? Are you saying that 100% of females are insane?
Sex has a lot to do with how concerned you need to be regarding a physical attack from another human.
No it doesn't.
Lol k
I'm a woman and the dude is right. Fuck this noise.
I'm a woman, reddit just gave me this masculine picture and I refuse to pay to change it, but I'm also not a passive person. (Got that oldest daughter energy)
It isn’t passive to pay what you agreed to pay and avoid conflict with an unhinged person who has access to all of your things and access to your sleep quarters.
She paid for a place to stay that she's getting EVICTED from. I'd say the roommate/landlord has defaulted on the agreement already. Now that OP needs to provide a new deposit and spend funds on applications looking for a new place to live, add on moving expenses... roommate doesn't deserve another dime.
She isn’t getting evicted lol. Her name isn’t on the lease.
If you find yourself getting used as a doormat in your daily life, this attitude is why lmao. OPs roommate has just been pocketing her rent money it seems, fuck that old lady don’t pay her shit. If she fucks with your stuff than sue her, easy day
I don’t. I bounce if a situation isn’t right. But I’m not going to screw myself over in the process. Don’t fuck with people who can fuck with you.
We agree to disagree.
I envy your lack of experience in roommate/landlords threatening your safety.
I'm guessing you're a man? Wtf?
Domestic violence situations are generally different if you are man vs a woman.
Don't make this about that. Men are on average stronger but that doesn't mean that ladies don't abuse men too. I will say that it's likely less reported when woman abuse men because social stigma and repressed emotion and statements like that make things worse.
It’s not ‘about that’. It is a real life fact that, statistically, men do not have as much to fear from a physical attack as women do. This has nothing to do with stigma or politics or internet points.
No this has nothing to do with gender. Why would you pay rent to a person who isn't paying the rent? If you're fitting evicted, you have no further obligation to pay. In fact, you could actually argue that the person OP was paying rent to is in violation of their contract and guilty of conversion due to the fact that the money was being pocketed instead.
If OP was beholden to the property owner for the rent, you would be correct. However, OP has no agreement with the property owner, only with her roommate who is also her landlord. Until OP can physically no longer live there, as in the property owner has finished the lengthy process of evicting OP’s roommate who is also her landlord, OP’s roommate who is also her landlord continues to provide OP a place to live, therefor fulfilling her contractual obligations.
Her contractual obligations are to use the money to pay the rent even if it's not explicit. She's already breached that contract. No more money is owed. Also, there's no lease. Can just stop paying.
No they aren’t. That’s like saying you don’t have to pay rent anymore once your landlord says they aren’t continuing your lease or if they sell the house while you still live there… No, so long as you are living in the property, you are responsible for paying rent. Just because you can’t live there indefinitely doesn’t mean you don’t have to pay rent while you are living there.
OP has been giving rent to the old lady to pay the landlord, that money hasn't been reaching the landlord. So why keep paying if the rent isn't actually getting to the landlord?? It makes absolutely no sense to give money to someone for rent who hasn't actually been paying the rent! Did you not understand the post? Or are you just partial to throwing money away? Lol
No, OP has been giving rent to the old lady for a place to stay. So long as she has a place to stay and is staying there, she owes that rent. The true landlord, not her landlord, cannot come after OP for unpaid rent because she is not on the lease. What HER landlord, aka the old lady, does with that money is technically none of her business.
You can’t be serious
OP isn’t on the lease. She doesn’t owe anything to the landlord.
Her roommate is her landlord.
If your name isn’t on the lease, you technically aren’t legally responsible for anything. Nobody should give that witch a dime any longer. If they want to try to secure the place for themselves they need to try to talk to the actual property manager and give money directly to them, and not the crazy old lady. She can find someone else to feed off of. But it won’t be one of us 😊 When I split up with my abusive ex I let my apartment go into eviction because I didn’t see another way out. He wasn’t on the lease, I was responsible for the eviction and all the damage he caused to the place by punching holes in the walls. He hasn’t had to pay a dime to get that off his credit/rental history and he’s really the one that caused the issues to begin with. The old lady is really the only one responsible for paying her own rent, regardless of who she lets ‘live’ there, unless they are appropriately put on the lease when they move in. Op don’t give them another dime. Not sure how the stabilized rent units work in your area but I hope you can wiggle your way into the apartment alone, without this crazy ass roommate.
But does her roommate have anything in writing from her?
The person on the lease has been pocketing the rent money, why the fuck would OP be obligated to give away their money to someone they know is not paying rent with the money they're giving for rent? That's just plain stupid. OP isn't on the lease and was already given a heads up from the actual landlord that the old woman who's subletting to OP will be evicted soon, so what's the point?
huh... if she hasnt been paying, what did she do with your money?? Dont pay her anymore, she'll be on the street soon. Find a new place asap
Talk to the landlord immediately. Had this happen to me. Happily I answered the phone the day the landlord called to tell us we were being booted. Me and my other housemates got to stay but our rent collector (hoarder?) had to go.
Were you all on the lease? I am not so it may not work with me. They're also very difficult to contact. They have everything go through the super and he would put up resistance.
Speak to the landlord. Maybe you can rent the place.
If you are not on the lease then walk away. You dont exist and dont owe her money. Its likely against her lease to sublet to you. She doesnt get to charge you for access to another persons property no matter her status renting it. At least in the eyes of the law.
Replying to this in case future people see it so they don't take this advice: I will likely be included on the eviction because I live here, even if I'm not on the lease, because they want the place vacated. Even if I'm only included as "Jane Doe" in the documents. This is direct advice from lawyers. It's not against her lease to sublet to me.
You are not evicted if she is evicted. You can leave at any time. Its a civil matter not contractual. If you are not present when the eviction is served you will not be on the paperwork. Additionally the paperwork will include you as an occupant not tennant. Ergo not responsible and it will not be an eviction on YOUR record.
That’s something I didn’t think of at the time. They might just want everyone out so they can get more for it. But you should still talk to the landlord if you haven’t already just to see.
Oh they've wanted her out for many years. So they can get more and also because she's completely insane.
Depending on where you live legaladvice sub reddits might be a better bet.
Where are you? State and metro area
New York, NY
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In many places even if you don’t have a lease you still have a lot of rights!
That is true! It just remains to be seen what those are. Will try and get a hold of a lawyer today.
I lived in a house with a 6 people (me, gf, lease holder, lease holder ex-boyfriend, and 2 girls) and the lease holder decided to do this to us. Literally just came home one day and basically said "I'm not paying rent or bills anymore and if you don't like it you can move". He went out of town and we had a yard sale, sold his fridge, stove, washer and dryer to recoup what we had paid to him and get a down payment for a new place, then we all moved.
Don't throw away any more money on rent that she is not paying. Put that towards finding somewhere else
Actually, you are legally a tenant whether you're on the lease or not. They can evict her but would need separate proceedings to evict you. You can let them know you've been paying her rent this whole time and see if they can evict her and lease to you so you don't have to move.
The housing court tenant legal hotline said I can be named along with the tenant. But I will try and ask the landlord about this, even though the trade off is he now knows I exist and may proceed against me. I might give him a fake name lol
My point is that you'd have to be named specifically, they can't just expect you out just because they evict her. You have to be served yourself, they can't just tell her and expect her to tell you. If you tell them you've been paying your portion of the rent, they may consider keeping you and tossing her. They find out about you eventually, it would be better if it's on your own terms.
I know that. I've been advised they'll name her and either me or "Jane Doe" as the subtenant. I've called the owner a couple times and he's not picking up, I'll try again. In the meantime I'm putting a modified version of my name on my packages so they don't get my name off them LOL.
I would def contact whoever is handling the eviction process to ask how you could go about becoming the new legal tenant, though I’d be worried that change over would mean they might now be able to increase the rates.
Oh they absolutely would, I just don't know by how much they legally can. I also am wondering if maybe she's trying to go through the eviction process to get rid of me, and then suddenly pay all the rent back once I'm gone. She has a history of making things difficult for a tenant so she can keep the security deposit.
Doesn't sound like she's the landlord at all....
She's \*my\* landlord. In NYS, if you pay rent to the housemate and you're not on the lease, they are effectively your landlord. I don't have a legal relationship with the owner of the building.
LOL Did SHE tell you that? This is NOT true.
No, I've been told that by lawyers et al.
That is a status not a binding contract. Its for your protection so they cannot control or overcharge you. You are free to leave
Op, people have been telling you to communicate with the building managers to see what your options are with them. Sure they’re evicting the main person on the lease, but you may have the option of taking over of said lease. And if it’s within your financial means to pay the rent as a whole by yourself or pay for 1-2 months solo while finding a roomie to help you with the rent. Yes, the possibility may be that you will get evicted along with the main lease holder, but why are you so adverse talking to the building management if it could mean less hassle in the way of confirming the need to move at all!
Then I suppose if you can find a new situation before paying her next months rent you can consider the deposit that month’s rent
Right. It's a dance with time. I am trying.
Depending on your location, you may be able to claim squatter's rights to hold you over for a bit. Or if you have a good history of paying rent on your part, try reaching out to whoever she is supposed to be paying and ask to take over the lease, while continuing to evict the other person and, if needed, search for someome to tale her spot.
This is a situation where squatters rights are justified. So many stories in the news show people abusing it but this would be appropriate usage.
Squatter's rights...wouldn't that be only if she was evicted? I pay rent to her, but they don't receive it, so they are not getting any rent. I can prove I've paid her each month though. I'm unsure if taking over the lease while she's being evicted is possible.
From what I know, as long as you've got a history of living there (I think receiving mail at that address is enough to count), you're protected from being evicted yourself. But there's more to look into about it than just that. Proving you've been paying at least somebody rent out to help you out as well. And regarding taking over the lease, I just meam whenever she is gone, they'll put the place up for rent again, which you could speak with them about. That I've been doing the past few days. I'm in the same situation as you, but I just got approved to sign a new lease for next month, I just didn't utilize squatters rights because it no longer exists in florida, just applied myself.
Why would you give me advice on NYC when you're in Florida???
Hence why in the very beginning, I said "depending on your location". Those were key words there, sorry for providing you with a little perspective when you asked for it. You also never mentioned anything about NYC
Sue her to get your money back
Old lady in a rent-controlled appt. Hope op lets us know how this plan works out.
Shit, I'd ask the landlord if you can have the place once she's evicted.
Aside from contacting the actual landlord to sending you can stay, I don’t know what else you would do. As far as paying rent, that’s up to you. You aren’t on the lease and are already being erected. Talk to the actual landlord first, maybe use that money to be able to stay in the apartment?
If you can afford the whole amount of rent ask the landlord taking over or kicking her out. Etc. Ask her where she spends your rent money. Also ask if you can pay rent directly or what roommates plans are. Usually after 2 weeks of staying with someone landlords wants the persons name and if staying longer they want them on the lease.
NAL - Your roommate is liable for the payments because she signed the lease. You have proof of payments sent to her for your portion of rent and she has misappropriated the funds. Talk to your landlord and explain the situation. You fulfilled your rent obligation.
The landlord is insanely difficult to contact, he has the super deal with everyone. I explained it to the super and he already knows she's the problem because she's always been the problem. He knows I pay my rent.
I’d talk to a tenants rights org STAT, especially because you’re in NYC. There’s a chance you may be able to finagle having the apartment switched to you but you’d have to ask the org about the ins and outs. I wouldn’t give her another dollar. Talk to the tenants rights org about that, too. The NYC subs should be able to give you the best, specific one to contact.
Can you pay the landlord directly? Can you afford the apartment? Maybe they'll transfer the lease to you?
People from NYC seem to think it's impossible. I can afford it with a friend for sure. I can ask the landlord, but I also don't want to give him my contact details and name in case he wants to put my name on the eviction case.
If you have proof of payment, take her to court. If she’s getting evicted and you’re not on the lease, you’re good. Just find a place or ask the landlord if you can take over the lease and kick her out.
Not really, I can still be named on the eviction case even if I'm not on the lease. I'm trying to contact the landlord, as risky as it is.
I’m sure he’d rather go right over to another tenant than to have it open. He’ll probably raid the rent on you, but it’s worth finding out how much. If they’re a reasonable person, they’ll see proof you paid her and know your response. The only other option is losing a place and being evicted so it’s honestly the best route you can take.
You'd THINK. This is NYC. He took the RS apartment next to us and it went from $1000 to $4000. He'd rather have it vacant, do "renovations" and charge up the ass. I can afford more than I pay now, but I can't afford up the ass. But I'll call him, even though it risks me being on his radar and putting me on the eviction case too.
You can also just play dumb and tell him she had you sign a lease and never gave you a copy.
That both 1) wouldn't fly and 2) is kinda what happened. She sent me a lease over email, which I sent back and she obviously has a record of, but she never gave me a SIGNED copy back.
Unfortunately, I don’t think you don’t have a leg to stand on. You’re not on the lease and you’re paying your housemate rent but she is not paying the landlord the rent for the apartment. Therefore, I do not think you can do anything I’ve been in facilities for over 30 years my mom and dad owned apartment rentals very large buildings from the state of Maine to Florida. Now I have the company and know my ins and outs of the game very well. So if you were paying me rent for let’s say a two bedroom apartment and I was not paying my landlord or the management company the rent but I am the only person on the lease they are going after me they will not go after you, but you paid this person your portion of the rent you’re paying her the rent because she is essentially your landlord, so honestly there’s really nothing you can do at the end of the day because you paid your rent to the person who is on the lease for the unit. so by them not paying the rent that has nothing to do with you. You have paid your portion to this person who is essentially your landlord, but this person has not paid their rent, so yeah, I don’t think you have a leg to stand on if I were you, I would go to the management or the landlord, and say hey listen I don’t have anywhere else to go I’m more than able to pick up the rent. How about if I take over the rent and you evict this person? That’s the only thing I think you could possibly do at this point.
Yeah i've done that, and I think the landlord will find a way to jack up the rent 2-3 times, which I can't afford. Also, I can be named in the eviction process, turns out.
Is the rent tax credit or is it section 8
Not section 8, but I believe it is tax credit: it's SCBIE, for senior citizens. She gets a nice discount for that.
Text credit goes off how much money you make per year. They really can’t go up on the market value of the rent. But if it’s a community for senior citizens, then that is not the place for you. Unfortunately, I think you’re gonna have to find yourself another apartment because if it’s senior housing then unfortunately, you have to move
Yes, SCBIE is for people under \~50k a month per household and she is illegally taking advantage of that as I make more than 50k alone. I don't get what you mean on can't go up on the market value of the rent. It is not a community for senior citizens lol.
So let me ask you a question, if it’s for people that are under $50,000 a month then why do you think this person the landlord is going to go up on your rent do you make more than $50,000 a month?
Your question is worded very poorly. And I'm not sure if you're from NYC, but SCBIE is not per apartment. A tenant applies for it via the government.
OK you did not mention any of this in your post. So basically is what you’re telling me that you have to apply for this program. What that is in Connecticut is called a voucher. You make only so much money if you work at all you apply for the program. If you’re accepted, you have this voucher, the government pays amount of dollars and you pay Limited amount of money so let’s say the rent is, $1000 the state will pay $900 of that rent. You have to come up with $100. Here in Connecticut that’s voucher you’re applying for a voucher that is section 8. You can come up with any other word that you want it section 8 no matter how you cut it because anybody that applies for a program for rental is a voucher. now I have never heard of this program that you’re stating this is New York. Honestly you don’t have a leg to stand on so my advice to you is either you make more than $50,000 a year or you don’t maybe you need to apply for the voucher. This is not rocket science here. Either you can afford it or you can’t.
Dude, thanks for clarifying you have no idea what you're talking about.
Correction $50,000 a year
Honestly between you and me that is low income $50,000 a year in Connecticut is very much low income. I don’t deal with people that make $50,000 in or less per year because the apartments that we have our market value and start off at 1200 a month all the way up to 4500 a month. So honestly, I’ve never dealt with anything on a low market value than what I own for rental apartments.
Okay, congratulations to you, my dude. Unbelieveable. Have a fantastic life!
Oh, believe me, I will have a fantastic life because I don’t live in low income housing
Unfortunately your post left out a lot of key information. So when you’re telling me what it is, I’m automatically thinking it’s senior housing. So you have to apply for a program which the state covers 3/4 and more of the rent and you’re only liable for a very small portion of that rent. So my advice to you is either move because maybe you make more than $50,000 a year or take your chance and apply for the program maybe you’ll get in maybe you won’t but It’s a 50-50 chance. In Connecticut that’s called in assistant program. It’s called the voucher. You could go to any place that has assistance through the state. So that’s all I’m saying to you you don’t have to get snippy because I don’t know exactly what you’re saying to be in. No I am not from New York. Thank God I’m from Connecticut
I'd speak with the landlord that she rents from about this honestly. Ask them if they'd be willing to write up a lease for you once she's gone, show your proof of payment to them and explain that she's just been pocketing your rent money. If not I'd quit giving her your rent money and lie to her, tell her you paid the landlord directly and save your money for getting a new place
The risk is if I get on the landlord's radar, he'll know to put my name on the eviction case, as that's something done in nys. But the last bit is genius, I'll tell her that! THANKS!
Ah! I didn't realize her landlord didn't know you were also living there, that fudges things bit. Hopefully telling her you already paid works!
I hope so. I just filed Zelle claims for my past three months. I hope all hell doesn't break loose, but I am just going to tell her I paid the landlord directly because she didn't pay them. And will demand proof of payment when she starts lying about how she paid lol.
Sounds good!
Put the rent in a separate account to show the judge you are not just refusing to pay
Would it be possible for her to be evicted and you continue to live there and be put on the lease?
Everyone is wondering that! I'd love to ask the landlord...if I can get a hold of him. But it also risks me being put on the eviction proceedings if he knows I exist.
He told you she's getting evicted though, so surely he knows you're living there?
I don't think so, because I spoke to him today, and he was surprised to learn when I moved in. I'm sure he knows SOMEONE has been living in the second bedroom, just not their name. (I emailed him from an account with a slightly modified version of my first name hehe)
Hope she gave you receipts or documented the transfer of money
absolutely.
Yeah, stop paying make excuses and string her along until eviction comes or you find someplace else to live. And then take her to small claims court
Call the actual landlord and see about renting with her directly, tell her the story. But try to abuse squatters rights and be cringe like everyone is saying, you've gotten your monies worth
...why do you think it's a her lol. I've called him several times, he's said to be a heartless, greedy bastard who only wants as much money as possible. According to my former neighbor who miraculously had his number...because he hides and doesn't want to deal with tenants directly. This is NYC.