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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Junior Member
Last Online:
06-24-2008 01:26 AM Join Date: Jun 2008
Posts: 1
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Someone I know and love in nyc is having some major problems. She has a good job and has been living there for less than 30 days. The problem is that the guy who rented to her wants her out, and for no reason. He says that since she has been there less than 30 days, she is a "squatter" and can kick her out at any time. She has paid rent and security deposit and doesnt owe him any money. How is this a squatter situation?
Also, he calls her at all hours of the night and she works all day, mostly 12 hr days. He has had his girlfriend confront her, asking why she doesnt call him back, and she does. He calls at 12 am and she gets up at 5, or he calls her at work and she cant talk. He has given her 10 days to get out and says he is changing the locks no matter what. She hasnt had a key since she moved in, and no hot water either. When she mentions these things, he says he wants her out anyway so he doesnt care. They ask whhy she "sneaks around", and she doesnt. she goes to work and comes home like any other person, the super lives right under her and she walks past his door multiple times a day. At what point does this become harrassment and what are her rights, if any? I find it hard to believe that he can do her this way. She signed a lease but he did not give her a copy. She had her address changed at the bank and the lease said she would rent for a year. I really could use some advice on what to tell her. This person is very nice and just wants a place to live. She works hard and doesnt bother anyone, and she lives alone. Can he just kick her out like that? Can he really change the locks? IS she a "Squatter"? She has 10 days and it took her forever to find this place. She even lived in a van for 3 months, working everyday. She says that if she cant find anything, she will have to live in it again. She has all the money this guy has ever asked of her, she has 1500 in cash and he says he doesnt want anything any more, he just wants her out. He has told her that he doesnt care if she lives out on the street, he just wants her out. She has done nothing except work. Someone please let me know, any help on any options or rights that she has would be really appreciated. |
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#2 |
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Posts: n/a
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I'm confused on a couple issues. Does she rent from the LL yhimself or from a person who had rented the apartment (a sublease situation)? Does she have a written lease or agreement? Is it a term lease or a month to month agreement? Why doesn't she have a key to her own unit? Does she have reciepts for the money she gave him? Does she have a copy of her lease?
She should be turning off her phone or setting the machine for hours when she sleeps so he can't wake her up. She should communicate with the person in writing only so there is a record of the discussions. He cannot just kick her out and change the locks. That is illegal. He must give her one month's notice to vacate if she has no lease. If he is not the LL, she should contact the LL. Explain the situation to him. She should also document (with a copy of the lease, copies of mail coming to her at this address, and other paperwork) that she lives and resides at this place. If he tries to call the police for squatting, she can show the police that she is a tenant there and they will do nothing for him. |
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