hi!I live in Brooklyn, NY. I rented a room from this woman who converted her last bedroom into a private own entrance room. Its a railroad apartment. yesterday when i got home i found a note stating that i have to the end of july to leave. I also live there with my 11 year old daughter. Im new to this so I dont know what legal rights i have. I have no proof that I Have been paying rent but i do have a letter with her signature that states that I do pay her montly rent and her phone number. I know legally she just cant tell me to leave like that but i would like to what route I can take and how to deal with it the legal way. I went to the court today and the clerk told me that the letter is useless and that the tenant cant tell me to leave but that the landlord has to evict me. I called the landlord and she was really nasty with me on the phone and kept telling I had to leave and that the woman made a mistake for letting me stay there, and told me that this is between me and the lady who rented me the room..Why does she not want to get involved? if anyone can help, I can really use the advice thank you..
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i need legal advice...
- Thread Starter tab1980
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Gail_in_Georgia
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This is a bit confusing.
To whom do you pay rent to...the actual landlord or the tenant you rented the room from?
Do you have a written lease with either of these folks?
The clerk you spoke with is correct; only a court can hand down an actual eviction to remove someone from a rental unit (except under special circumstances such as the tenant becoming very violent and dangerous to others, selling drugs, etc.).
Gail
To whom do you pay rent to...the actual landlord or the tenant you rented the room from?
Do you have a written lease with either of these folks?
The clerk you spoke with is correct; only a court can hand down an actual eviction to remove someone from a rental unit (except under special circumstances such as the tenant becoming very violent and dangerous to others, selling drugs, etc.).
Gail
I pay the rent to the woman who rented me the room. I would tell her that I wanted to personally hand the money to the landlord she would say Why do we have to get the landlord involved. when the situation got bigger i called the landlord she told me didnt know i lives there. I havent payed this months rent. I dont know whats going to happen. I plan to withhold the rent, Can I do That? Also I have no rent receipts that I paid her rent but i do have a letter with her signature that she does charge me 650 rent a month..can i use that letter legally...thank you gail
Gail_in_Georgia
Moderator
Sounds like the tenant rented out the room without the permission of the real owner; the landlord. If I were the landlord, I'd begin the eviction process on the woman who tried this.
If I were you, I'd certain withhold the rent and immediately start to look for another place to rent. And when you find another place, get a written lease to protect you and your daughter.
Gail
If I were you, I'd certain withhold the rent and immediately start to look for another place to rent. And when you find another place, get a written lease to protect you and your daughter.
Gail
well acoding to the landlord, the woman who rented out the room made a mistake. she's on her side. the landlord told me to leave because I dont belong there cause im not on the lease. it worries me because i need more time before I can Leave so I can save enough money.
So if the landlord doent go to court, I dont have to leave until she begins eviction Process right???
So if the landlord doent go to court, I dont have to leave until she begins eviction Process right???
Gail_in_Georgia
Moderator
Yes; you are correct. Luckly New York tends to be a VERY tenant friendly place. There are very specific steps a landlord must take to evict someone. This buys you extra time to save some money and find another place to rent.
Here is some information that may help you:
http://www.rentlaw.com/eviction/newyorkeviction.htm
Have you considered that since this other tenant appears to have had you there illegally (i.e., you are not on the lease) that you, in turn, might be able to sue HER for the money you've spent on rent? Although you do not have documentation of what you actually paid, you do have that letter with her signature saying you pay her so much rent each month.
I suspect this tenant has been "caught" by the landlord illegally renting to you (and I also suspect that the landlord is concerned she might be cited for having a "illegal" rental unit which appears to be a very big deal in New York) and that both of them would just like you "gone" ASAP so neither gets in trouble.
I don't live in New York but you might want to do some "google" searches on "illegal apartments/rental units in New York" and educate yourself on this issue.
Gail
Here is some information that may help you:
http://www.rentlaw.com/eviction/newyorkeviction.htm
Have you considered that since this other tenant appears to have had you there illegally (i.e., you are not on the lease) that you, in turn, might be able to sue HER for the money you've spent on rent? Although you do not have documentation of what you actually paid, you do have that letter with her signature saying you pay her so much rent each month.
I suspect this tenant has been "caught" by the landlord illegally renting to you (and I also suspect that the landlord is concerned she might be cited for having a "illegal" rental unit which appears to be a very big deal in New York) and that both of them would just like you "gone" ASAP so neither gets in trouble.
I don't live in New York but you might want to do some "google" searches on "illegal apartments/rental units in New York" and educate yourself on this issue.
Gail
Gail_in_Georgia
Moderator
This may help explain what makes a rental unit "illegal" in New York...
http://www.queensbp.org/content_web/housing/illegal_apts.shtml
Gail
http://www.queensbp.org/content_web/housing/illegal_apts.shtml
Gail
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