Q: Two years in the past, my spouse and I were given a roommate to percentage the rent-stabilized condo in Long island that we’ve lived in for 40 years. A 12 months in the past, he stopped paying lease for his room — he didn’t declare activity loss or some other hardship, he simply refused to pay. We shouldn’t have a written settlement with him, so we requested him to transport out, however he refused. We employed a attorney, however our declare may no longer continue as a result of he carried out for the Emergency Condo Help Program, and that case continues to be pending. He has attempted to verbally intimidate me, and has periodically locked me out of my condo. The police have come a couple of instances however have taken no motion. What are we able to do?
A: In most cases, in New York, if you need a roommate to transport out, you give him written understand — on this case 90 days, as a result of he’s been there for 2 years and also you shouldn’t have a written settlement. If he does no longer comply, you’ll be able to take him to housing court docket after the cut-off date. However as a result of your roommate carried out for apartment help, it’s important to stay up for that case to unravel itself within the courts ahead of you’ll be able to continue. So that you’re in a protecting development.
However this courting is deteriorating into an risky dwelling setting. “Sadly, in my 35 years of enjoy as an lawyer, adverse habitancy preparations like this generally tend to escalate from dangerous to worse,” mentioned Lucas A. Ferrara, an accessory professor at New York Legislation Faculty and co-author of “Landlord and Tenant Follow in New York.”
As poisonous as the connection is, see if you’ll be able to negotiate a agreement. Touch a mediator, just like the New York Peace Institute, which gives unfastened make stronger for New Yorkers in Long island and Brooklyn. The group could possibly let you and your roommate achieve an settlement that restores calm in your house. You do have some leverage right here: He owes you a substantial sum of money for unpaid lease. You should be offering to waive that debt and forfeit any likelihood to take him to small-claims court docket later, if he concurs to transport out. Sure, you’ve misplaced cash, however felony charges don’t seem to be affordable and your peace of thoughts is efficacious.
There are different felony avenues to pursue. Should you and your spouse are involved on your speedy protection, talk together with your attorney about acquiring a restraining order, which might assist take away the roommate from the condo. File your interactions with him, and stay any police information that you’ve, to assist bolster your declare.
And as quickly because the apartment help case is resolved, hand him his understand to vacate.
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