I am in serious difficult situation.My cousin and me rented an apartment several months ago to live together because my mother was coming.As He was unable to provide enough income documents to rent the apartment, one of my friend volunteered and decided to be in the lease as Main applicant of the house and I am the co-applicant.So, me and my friend in the lease.As me and my cousin living in the apartment, after few weeks we started to have fights.I am a student and he was fighting me during my exam.Few weeks later my mother came and he started to fight my mom too.Then, he brought his family which consists his mother, two children and wife.So, There are 6 people living in a 1 bedroom apartment and fight continues everyday.I decided to cancel the lease and leave the apartment.My friend also will cancel the lease.The problem is my cousin says he will continue to live there even if I cancel the lease. I am worried because my mother is becoming sick.I don't know what to do.

Thanks.
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ANY question on law needs to include your general locale as laws vary by area.

How long was the lease for? If your cousin is not on the lease, then he is your tenant. You will need to evict him and his family according to local laws. Then you can terminate the lease depending on is terms.

The lease was for two years.. I mentioned his name in the application when I was applying for the apartment.So, the landlord knew from the beginning that he is going to be living as a cousin in the apartment.The apartment is New York city

So why do you even believe you can "break" a lease, a lease is for those terms and can only be broken for a reason listed in the lease. So you may well have to pay for those two years.

Also what does the lease say about guests, obviously you are in violation of lease and most likely housing laws for the city. ** too many people in one apartment.

If anything it is likely you will be evicted

I spoke to landlord's manager.She said if I want to leave, I can just hand over the keys and leave the apartment but I will not get deposit back.The problem is my cousin doesn't want to move out, I am not sure what actions landlord might take.

Simply call the local fire Marshall and/or code enforcement. Having 6 people in a one bedroom is illegal in NYC. The authorities will remove all persons not on the lease.

Well given the state of NYC housing, the landlord can probably rent it before the dust settles from your move.

So you have two choices. Either transfer the lease to your cousin if the landlord allows or evict your cousin, then move.

Transferring of the lease means he needs to apply for the apartment and sign a new lease... but he is refusing to do that.. he thinks if I cancel the lease and move out and he chooses to live there then I might end up paying his rents due to his overstaying.. That is what he thinks.. I am not sure what to do in that scenario

For the third time. He is not signed on the lease. His is therefore YOUR tenant. So you evict him. Then you either stay or move.

Once he realizes he is not going to get free rent he may leave.

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Originally Posted by ScottGem

For the third time. He is not signed on the lease. His is therefore YOUR tenant. So you evict him. Then you either stay or move.

Once he realizes he is not going to get free rent he may leave.

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Or let the cousin pay the lease payments. If they are not paid the cousin will be evicted. You may end up owing the landlord, but it would be up to the LL to collect it from you.

If I cancel the lease and not living there anymore, won't the landlord evict him since he is living there without lease? I was thinking if I cancel and landlord sees him living there, then landlord has upper hand to evict him because he has no right to live there

Not necessarily. Until you can turn the premises back to the landlord he can hold you to the lease.

Why is this so difficult, just give him notice to vacate and if he doesn't get an eviction order.

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Originally Posted by ahmadur1234

I am in serious difficult situation.My cousin and me rented an apartment several months ago to live together because my mother was coming.As He was unable to provide enough income documents to rent the apartment, one of my friend volunteered and decided to be in the lease as Main applicant of the house and i am the co-applicant.So, me and my friend in the lease.As me and my cousin living in the apartment, after few weeks we started to have fights.I am a student and he was fighting me during my exam.Few weeks later my mother came and he started to fight my mom too.Then, he brought his family which consists his mother, two children and wife.So, There are 6 people living in a 1 bedroom apartment and fight continues everyday.I decided to cancel the lease and leave the apartment.My friend also will cancel the lease.The problem is my cousin says he will continue to live there even if i cancel the lease. I am worried because my mother is becoming sick.I don't know what to do.

Thanks
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May I be fFrank with you---Your friend is lessee and you are Co-applicant--- You and friend plain to cancel lease--- It will go this way---You and friend will be liable for remainder of lease and others have no place to live.--- Best wishes--- fFrank. Friends should be friends---THINK ABOUT IT!--- I question---"My cousin and me rented apartment because my mother was coming?" It seems as if you are using your cousin then want to DUMP he and his family in the street, is this the case?---I hope not ---Work it out---I know it can be done.--- Please!---Best wishes--- fFrank

I understand what you are trying to say.I asked my cousin to look for another apartment for himself since his family is coming.I owe him some money and I told him that I will give you the money back.I also told him that he can have this apartment and I can leave.For him to have the apartment,I need to cancel the lease and he needs to apply, but he refused that too.Since last month he stopped sharing his part of the rent.My friend doesn't live here.He just let to use his income documents to get the apartment.My cousin is mentally torturing my mother since I am away for two months for an internship.Now, his family came and we have 7 people living in one bed room apartment( including living room). Its not livable now.I am unable to continue to fight him everyday as I am an engineering student.I gave him many options but he refused.That is why, Me and my friend decided to cancel the lease and hoping that landlord will evict him.

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Originally Posted by ahmadur1234

I understand what you are trying to say.I asked my cousin to look for another apartment for himself since his family is coming.I owe him some money and i told him that i will give u the money back.I also told him that he can have this apartment and I can leave.For him to have the apartment,I need to cancel the lease and he needs to apply, but he refused that too.Since last month he stopped sharing his part of the rent.My friend doesn't live here.He just let to use his income documents to get the apartment.My cousin is mentally torturing my mother since i am away for two months for an internship.Now, his family came and we have 7 people living in one bed room apartment( including living room). Its not livable now.I am unable to continue to fight him everyday as i am an engineering student.I gave him many options but he refused.That is why, Me and my friend decided to cancel the lease and hoping that landlord will evict him.

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You were not aware of the fact your cousin was going to bring his family into the apartment? This apartment is you and your friend's responsibility--- Only you and your friend will be responsible for what that might have happened--- Only if you knew that cousin was going to move his family into your apartment--- otherwise your cousin took advantage of you. But you and friend will still be responsible for the lease--No way out, that I can see.--- Best wishes--- fFrank--As matter of fact the landlord may be able to evict all involved if it is brought to his or her attention that seven people is crowded in a one bed room apartment. ---Thought about that yet?

I was.That is why I was telling him to look for another apartment because 7 people can't live in a one bedroom apartment

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Originally Posted by ahmadur1234

I was.That is why i was telling him to look for another apartment because 7 people can't live in a one bedroom apartment

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Do you want to continue to live in apartment with out cousin and his family living there?

I wanted to do it but he doesn't want to go.If I go to court, it will take time to evict him and he will not pay rent till the eviction.I can't afford to pay all the rent alone.Although, he refuses to pay rent in last month.If he moves out, I can keep a roommate and share the rent.I offered to give all the money that I owe to him, so he can move to other apartment,but he won't do it.. I know I am in messy situation with him.He doesn't want to solve this situation.He wants me to live there and continue to fight him. :((

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Originally Posted by ahmadur1234

I wanted to do it but he doesn't wanna go.If i go to court, it will take time to evict him and he will not pay rent till the eviction.I can't afford to pay all the rent alone.Although, he refuses to pay rent in last month.If he moves out, i can keep a roommate and share the rent.I offered to give all the money that i owe to him, so he can move to other apartment,but he won't do it..I know i am in messy situation with him.He doesn't want to solve this situation.He wants me to live there and continue to fight him. :((

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Your cousins problem is he can't provide enough income documentation to rent another apartment ---- What happens to cousin now? If you gave cousin all the money you owe him will this catch him up with his rent payments?

He was unable to provide the documentation before, but I believe he is able to provide income documentation now if he wants to rent another apartment.I am not sure what did u mean by catching him up with his rent payments?

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Originally Posted by ahmadur1234

He was unable to provide the documentation before, but I believe he is able to provide income documentation now if he wants to rent another apartment.I am not sure what did u mean by catching him up with his rent payments?

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You said you owe cousin money.Is that Right? Is the amount you owe him enough for him to repay you for last months rent?--- You said he has not paid you for last months rent.

I was I do.If I give the money by paying his rents, that is not a problem.The problem is he has so many issues which causes fights.These fights make me and my mom sick.I wanted to escape from these fights

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Originally Posted by ahmadur1234

I was i do.If i give the money by paying his rents, that is not a problem.The problem is he has so many issues which causes fights.These fights make me and my mom sick.I wanted to escape from these fights

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My Friend, I wish you and your mother well---You may or may not get your cousin out of the apartment --- You said his name is on lease as tenant in common or is known as such---Cousin may could use the defense called "Succession Rights"--- Get your lease and read it carefully-- I think you will also find that you are in violation of the lease as pertains to occupancy.---This mess is mostly your fault --- You allowed this to happen.--- Remember family is family---You never know when you will need their help again--- See local law inforcement as pertains to housing code compliance and file legal
Documentation as to your intentions--- This may be you and your friends best one-way out of this mess---I wish you and your mother well my friend--fFrank ---Good night---

If he is behind in the rent, then give him a 3 day pay or quit notice. This can get him out quickly or force him to pay. He needs to know you are serious about getting him out. But the bottom line is you can't just leave if he stays. He is YOUR problem not the landlord's. And if he doesn't vacate the landlord just continues to charge you and your friend for the rent.

You don't have very many choices here. If your cousin is going to take advantage of you (and that is what he is doing), then you have to get serious. Give him a written 3 day notice tomorrow. This site can help you understand the process: http://www.nycourts.gov/courts/nyc/h...nantsguide.pdf

The cousin and anybody else who did not sign the lease is YOUR TENANT. I'm in NY. I know NY law.

Evict the people NOT on the lease, notify the landlord you are moving, get it IN WRITING that the landlord is willing to break the lease - and move out.

The cousin's living arrangements are not your responsibility.

It would be dangerous indeed to move out and leave anyone who is not on the lease because YOU are still responsible for the lease payments.

If you want to stay, evict all of them and only the people who are on the lease get to stay. No exceptions.

The longer you drag your feet on this the later you will get him out.

At this point the landlord could evict you (depending on how the lease is written) for violation of the housing code - too many people, not on the lease. Then you and your cousin and everyone else will be homeless.

Evict them all.

YOU need to make up your mind - you either want him out or you don't want him out or you want to stay or you don't want to stay. Make up your mind and do something.

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Originally Posted by Frank Mangrum

My Friend, I wish you and your mother well---You may can get your cousin out of the apartment --- You said his name is on lease as a tennent in common--- Get your lease and read it carefully-- I think you will find that you in violation of the lease as pertains to occupancy is concerned. This mess is mostly your fault --- You allowed this to happen. Remember family is family---you never know when you will need their help again--- See local law inforcement and file legal
documentation as to your intentions--- This may be your one-way out of this mess---I wish you well my friend--fFrank ---Good night---

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In NY this is not a criminal matter. The Police do not care. That's what Housing (and other) Courts are for.

How do I evict them? How long will it take?

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Originally Posted by ahmadur1234

How do i evict them? How long will it take?

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It might help if you read your answers. I gave you a link to a site that describes the process. I told you to give them a 3 day pay or quit notice. If they do not pay all they owe within the three days then on the 4th day (which would be Thursday if you give him notice today). You go to housing court and file for an eviction order. The court will order a hearing. At the hearing, he will be ordered to vacate. If he still refuses, you can hire a sheriff to physically remove him.

The process can take a few weeks to a few months depending on how busy Housing court is. But once he realizes you are serious and he isn't going to get a free ride, he will probably leave rather than have an eviction on his record.

As Scott said and says - you start with a notice of eviction. NYC is slightly different from NY State.

You have to read the complete answers (including any links) or we can't help you.

NYC Housing Court

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Originally Posted by ahmadur1234

How do i evict them? How long will it take?

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Have a nice day. Best wishes---fFrank

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Originally Posted by Frank Mangrum

You may try Domestic Courts if "fighting" is the problem. fFrank

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Domestic Courts to evict someone? Absolutely not correct. PLEASE - we take pride in our answers on the legal boards.

Who do you suggest go to Domestic (Matrimonial) Court. The OP? His mother? The cousin? Somebody else?

You are incorrect in several ways in this thread.

Have you read the NYC eviction law that I posted?

How to you think succession rights apply? "In general, it is possible for a person who is an occupant in an apartment leased to a family member to become a tenant (succeed) after the primary tenant leaves if the family member lived in the apartment for two years or more prior to the tenant’s departure, or since the beginning of the tenancy, or since the commencement of the relationship. If the person asserting succession rights is disabled or over 62 years of age then the period of co-occupancy is only one year."