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How does squatter's rights effect removing a roommate from ones apartment?

 
 
Reply Fri 18 May, 2012 12:45 pm
I have a friend who also lives in NYC. She has a roommate which has lived in that apartment with her for about 3 years. The apartment's lease is legally under her name and her name alone. She has been in this apartment for about 8 or 9 years.

She had recently decided to finally kick the roommate out because of the typical bad roommate reasons: doesn't clean his living area or help clean the common area, he takes food and wine that doesn't belong to him, he's often late with paying his share of the rent, etc....

1. Does squatter's rights apply to this situation?
2. What actions would she need to take to remove him from the premises?
 
Rockhead
 
  1  
Reply Fri 18 May, 2012 12:47 pm
@tsarstepan,
can she divorce him?
tsarstepan
 
  1  
Reply Fri 18 May, 2012 12:49 pm
@Rockhead,
Are you saying there's a possible, accidental, and unknown common law marriage involved here?

They aren't boyfriend/girlfriend. As far as I understand, he's gay.
Rockhead
 
  1  
Reply Fri 18 May, 2012 12:50 pm
@tsarstepan,
the rules are very similar...

and less murky once you're in the water.

especially if she has nothing down on paper...
0 Replies
 
tsarstepan
 
  1  
Reply Fri 18 May, 2012 12:53 pm
@tsarstepan,
BTW, New York state doesn't recognize common law marriage:
http://www.law.cornell.edu/wex/table_marriage
Rockhead
 
  1  
Reply Fri 18 May, 2012 12:57 pm
@tsarstepan,
tsarstepan
 
  1  
Reply Fri 18 May, 2012 01:00 pm
@Rockhead,
Can't watch that at work. YouTube's a blocked resource. Mad

I'll peruse it later.
Rockhead
 
  1  
Reply Fri 18 May, 2012 01:02 pm
@tsarstepan,
sorry.

my boss is much more lenient than that.

but my pay sucks...

maybe she can threaten him with divorce, and he will get the message.
tsarstepan
 
  1  
Reply Fri 18 May, 2012 01:05 pm
@Rockhead,
I bet you get paid more then I do. Razz

I'll pass on the "divorce" gambit.
Rockhead
 
  1  
Reply Fri 18 May, 2012 01:08 pm
@tsarstepan,
you'd lose.

I work for myself when I can.

stage work not included, of course. but that has been very thin of late...

she needs to consult with a free law group.

there are many reasons I don't live in the big city anymore. this is one of them...

(and I only made it to Chicago)
0 Replies
 
DrewDad
 
  1  
Reply Fri 18 May, 2012 01:33 pm
@tsarstepan,
Has the roommate been paying rent? Does she have a record of the roommate paying rent?

tsarstepan
 
  1  
Reply Fri 18 May, 2012 01:36 pm
@DrewDad,
He pays rent but I don't believe she documents the monthly activity (when and how much).
DrewDad
 
  1  
Reply Fri 18 May, 2012 01:48 pm
@tsarstepan,
My thought (and I'm not a lawyer) is that if she has any kind of record that he's paying rent, then he can't claim squatter status.

On the other hand, it doesn't appear that my first idea (changing the locks) would be legal.
tsarstepan
 
  1  
Reply Fri 18 May, 2012 01:54 pm
@DrewDad,
I wonder if this legal clause could apply to her situation:
Quote:
MONTH-TO-MONTH TENANTS
Tenants who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without
rent regulation, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. Real Property Law § 232-c.
A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice
before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.
The termination notice need not specify why the landlord seeks possession of the apartment, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically
allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord
can terminate the tenancy by giving appropriate notice. Real Property Law § 232-a and § 232-b.

http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf

That technically if the roommate not on the lease could be considered as being on a month to month basis....
Rockhead
 
  1  
Reply Fri 18 May, 2012 01:57 pm
@tsarstepan,
essentially she's subletting her apartment.

which may even be in violation of her lease.

it gets really sticky when you add in all the variables...
tsarstepan
 
  1  
Reply Fri 18 May, 2012 01:57 pm
@Rockhead,
BLERG! Mad
0 Replies
 
DrewDad
 
  1  
Reply Fri 18 May, 2012 02:04 pm
@tsarstepan,
Looks about right to me.
0 Replies
 
Linkat
 
  1  
Reply Fri 18 May, 2012 02:15 pm
@tsarstepan,
I was going to suggest something along those lines (although not necessarily knowing the legal side)

Did this person actually say - maybe in as nice a way as possible - you have 30 days to leave. Not sure how nice you can say it, but maybe along lines, seeing we are having a difficult time together as roommates - would 30 days be sufficient for you to find another place?

Something like - where you don't force some one out.
0 Replies
 
roger
 
  3  
Reply Fri 18 May, 2012 11:19 pm
@tsarstepan,
Just opinions, now, butthe roommate has been there only 3 years, so I doubt either squatters rights or prescriptive rights would apply. If rent has been paid, the roommate would have the rights as a tenant and probably need a thirty day eviction notice. The notice should be served by certified maile or professional process server, or what ever is required by the state. It shouldn't be done verbally, or by someone involved.

Again, those are only opinions.
0 Replies
 
tsarstepan
 
  2  
Reply Sat 19 May, 2012 12:20 pm
At this point, the question is moot. The roommate has found another place to live and will (in theory) move out by June 1st.
 

 
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