beware, if you turn off the utilities on him he WILL sue you and he WILL have a VERY strong case. under no circumstances should you turn off his utilities.
Wait, so we have to pay to have his stuff stored? That doesn't sound fair. I'd personally rather ebay it to recoup lost money but that's probably not the smartest route... I think we'll be civil with his stuff - move it into the living room, change the locks, and allow him to make an appointment within 24 hours to u-haul it out...
The drugs stuff - yeah,we don't want to be known as the apartment with the drug dealers... That's a last, last, LAST resort.. A part of me is willing ot ruin his life over this, a part of me is hesitant... We'll see how he reacts and see which button he pushes..
Right now i'm terrified because his girlfriend just came over with a suitcase... I'm hoping she's just spending the night to help him tomorrow but if we have to evict TWO people.. well.. this could get messy...
FTW. FYI, housing court freaking stinks, so try at all costs to avoid getting involved their. <shudder> (had a battle with the landlady)
Captante
Lifer
- Oct 20, 2003
- 30,353
- 10,877
- 136
Moving his stuff to the living room or somthing sounds like a much smarter idea then letting it get stolen, also your right about the drug thing being a last resort, not so much because of the NY cops but because of your reputation with your neighbors.
Hope for your sake the gf's suitcase was empty so she can help him carry his stuff out! Good luck!!!
Hope for your sake the gf's suitcase was empty so she can help him carry his stuff out! Good luck!!!
I hope it doesn't come to this, but he's going to be removed.. Either by the cops or by a soft spoken but firm carrier of a big stick. I'd never hurt anyone but if he needs someone to convince him to do the right thing, well, the motivational speakers have been contacted...
It's a stressful situation because of New Years (we have house guests) and I start a new job on the 3rd.. This needs to be resolved, our new roommate needs to have a place to lay her head, and he needs to grow up and do the right thing...
Yes, luckily I have the wonderful "he cheated on you.. Twice.. I told him not to both times but he didn't listen" in my back pocket, if I need to reveal such information to her I shall..
edit: i realized that much of this will get my face smashed but I'm oddly ok with that and look forward to pressing charges..
1sikbITCH
Diamond Member
- Jan 3, 2001
- 4,194
- 574
- 126
When I posted that, it was not clear that the owner of the house didn't live there too. Where I live nearly everyone in our neighborhood rented out 2 floors of our 3 story house, so we were all living onsite. Nobody moved in without the landlord's consent, lease or not.
By NY law, and pulled from the same link you posted, if the landlord had prior knowledge of him moving in, let him move in and contribute to the rent, he is then a month to month tenant:
Obviously that's not the case with the OP.
Yap shut.
What's frustrating is that we would have LOVED 30 days notice.. Instead he abruptly tells us, on the 18th, that he'll be out on the 31st... Are we supposed to let him stick around until the 18th since he only paid for december's rent?
The cops won't remove him. Even when a tenant is being legally evicted the cops will not physically remove a tenant. There are just there to "keep the peace", so to speak.
1sikbITCH
Diamond Member
- Jan 3, 2001
- 4,194
- 574
- 126
I'll tell you what's really nuts. I was wondering why your lease didn't state that no one who is not on the lease can live there. In Maryland that's standard. If you let someone move in who's not on the lease, your apartment will soon have a For Rent sign in the window 
It seems that in New York the landlord HAS to let you take on more people:
http://www.housingnyc.com/html/resources/attygenguide.html#34
APARTMENT SHARING
It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant's dependent children, provided that the tenant or the tenant's spouse occupies the premises as his primary residence.
When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant's spouse must occupy the shared apartment as his or her primary residence.
Tenants must inform their landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord's request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord's express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. (Real Property Law §235-f)
I guess that's because there's too many people and not enough housing there?
It seems that in New York the landlord HAS to let you take on more people:
http://www.housingnyc.com/html/resources/attygenguide.html#34
APARTMENT SHARING
It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant's dependent children, provided that the tenant or the tenant's spouse occupies the premises as his primary residence.
When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant's spouse must occupy the shared apartment as his or her primary residence.
Tenants must inform their landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord's request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord's express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. (Real Property Law §235-f)
I guess that's because there's too many people and not enough housing there?
EMPshockwave82
Diamond Member
- Jul 7, 2003
- 3,012
- 2
- 0
My landlord is awesome. If you have a bum on your utilities like this then he pays and take the guy to small claims instead of making you do it. Great guy. Doesnt fix things often but takes care of stuff that does need to be fixed RIGHT AWAY as fast as possible.
For your situation i'd say if he's not on the lease and you don't want him there I think it's trespassing like was stated before. Call the non emergency number and ask the policy. The police SHOULD be more than willing to talk to you for 5 minutes so they wouldnt have to come out if it wasnt necessary.
He packed most of his stuff up but claimed that:
a) His storage room is inaccessible due to the holiday
b) u-haul screwed him over by being closed today..
Obviously he's blaming people for him being irresponsible and not calling both parties ahead of time. We're moving his stuff to the living room and our new roommate will be in his room in the morning. We'll give him until the 2nd or 3rd to clear out his stuff from the living room, but he sure as hell aint sleeping here.
a) His storage room is inaccessible due to the holiday
b) u-haul screwed him over by being closed today..
Obviously he's blaming people for him being irresponsible and not calling both parties ahead of time. We're moving his stuff to the living room and our new roommate will be in his room in the morning. We'll give him until the 2nd or 3rd to clear out his stuff from the living room, but he sure as hell aint sleeping here.
Turning off the utilities is specifically a criminal act. It would open the landlord open to civil action as well.Originally posted by: freedomsbeat212
My dad, a landlord, gave me the 30-day figure as well... The worst part is not the 30 days of no rent, the worst thing was not being able to show the place until AFTER those 30 days because the tenants also happened to be pigs who let their garbage pile up for days. I always suggested that he turn off the utilities but I guess that was a little too hardcore for him
Originally posted by: freedomsbeat212
He won't come back and do anything to us.. He was a friend of mine. I'm embarrassed to be in this situation. I'm embarrassed for him... Some people need a swift kick to be set straight and I'm tired of being taken advantage of.. But, yeah, he's not the type to ****** with us and, if he is, i have a desert eagle owning marine cousin who lives 5 minutes away
"Now, dicks have drive and clarity of vision, but they are not clever. They smell pussy and they want a piece of the action. And you thought you smelled some good old pussy, and have brought your two small mincey lovely human balls along for a good old time. But you've got your parties mangled up. There's no pussy here, just a dose that'll make you wish you were born a woman. Like a prick, you are having second thoughts. You are shrinking, and your two little balls are shrinking with ya. The fact that you've got "Replica" written down the side of your gun. (withdraws his gun) And the fact that I've got "Desert Eagle point five O" written on the side of mine, should precipitate your balls into shrinking, along with your presence. Now... ****** off. "
Say that to him.
*UPDATE*
His room has been emptied out, the stuff that he left behind moved to our living room. I was very slick and offered him $50 for his furniture (my new roommate's new to the country and has nothing yet - we saw the same stuff at Ikea today selling for 3 or 4 times that) and he accepted - so Tilly benefitted and we kinda screwed him over for being in a desperate situation that was his doing. It also means that he has less stuff to take out, a win-win situation...He has until monday to take what's left of his personal belongings.
His room has been emptied out, the stuff that he left behind moved to our living room. I was very slick and offered him $50 for his furniture (my new roommate's new to the country and has nothing yet - we saw the same stuff at Ikea today selling for 3 or 4 times that) and he accepted - so Tilly benefitted and we kinda screwed him over for being in a desperate situation that was his doing. It also means that he has less stuff to take out, a win-win situation...He has until monday to take what's left of his personal belongings.
There should be nothing at all that a court would find wrong with that.
There have been enough PEOPLES COURT and JUDGE JUDY episodes with this very thing.
WHAT I would do is make sure his stuff is secure,and boxed nicely if you have to do it, taking REASONABLE CARE of his goods. Operative words being REASONABLE. TAKE PICS as you do so for your own receipt.
Itemize the items and index the boxes, make an inventory and SIGN IT and witness it. Got a video-cam? USE IT !!! This is the best back up evah!
He is an occupant at will. If he breeches the agreement, albeit verbal and not worth the paper it's on, You can terminate him anytime. Have the TENANT ON THE LEASE make a statement as such, have the other OCCUPANTS sign it as well, Notarize it, serve it. This is as legal as you get and can help with keeping other people's BS off of you (if they're criminal types).
You and your buddy should have a basic agreement including the other new roomie. As it is now, if you are not signed on the lease, by addendum or new contract, if something happens to your buddy who is signed, you're Sh1t out of luck, and the landlord could boot you and any other OCCUPANTS with only 30 days notice. TENANTS have right of succession. OCCUPANTS do not.
You are at risk of being homeless by no fault of your own.
That's cool. He owed you guys money right? If so, write him a receipt and claim "Balance Paid In Full" and you can deduct this from Federal and maybe State income taxes, either as a gift, or as a bad debt.
I'm not totally clear on that final point - write him an itemized bill of what he owes, write that we paid it and then submit it with our taxes?
You can't deduct gifts. If you give one person more than $11,000 a year then you pay taxes for the value of the gifts GIVEN to that person after the $11,000 limit. You might be able to take a bad debt/loss deduction though.
TRENDING THREADS
-
Discussion Zen 5 Speculation (EPYC Turin and Strix Point/Granite Ridge - Ryzen 9000)- Started by DisEnchantment
- Replies: 25K
-
Discussion Intel Meteor, Arrow, Lunar & Panther Lakes + WCL Discussion Threads
- Started by Tigerick
- Replies: 23K
-
Discussion Intel current and future Lakes & Rapids thread- Started by TheF34RChannel
- Replies: 23K
-
-
Facebook
Twitter