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nusxxx · Oct 7, 2011, 03:08 PM

Hi! I live in Rent control apartment in New York (Not on the lease and only verbal agreement with my 84 yrs old roommate) Lives here 2yrs and 4 months already I paid rent on time but my roommate have mental problem (old and little crazy). My cable bills Home phone net under my name almost a year. We used to open bank account together (For few months). He used to signed me power attorney (On his back account for few months). I try to be nice and help him as I can... He demand more rent I keep it up and satisfy him as I can. Super of building gave me notice paper (It's weird I'm not on the lease)... When I asked my roommate he said it's not his signature on that paper. Then 2 months later super came to me and gave me court (evict paper) to me to show up in court in next 2 weeks. Again.. Even on the paper said my roommate wants to evict me(he just took my rent of this month) but when I confront him. He said it's not him to sue me it's super (I recorded on my voice memo phone). It's weird! Then later when I meet super and talking to him. He said my roommate is the one who want to evict me (I recorded again). OK! What I have now... Last 4 checks that my roommate cashed (All other I paid him cash but I have book that he signed every months n received them)... Cable bills paid my my card and my name almost a year. Our old bank account that we used to open together. Can anyone help me... Am I on the right track that court will see my side... I always been good to him. I guess he doing this he wants me to come up with more rent.. But what should I do with this court thing?

JudyKayTee · Oct 7, 2011, 03:12 PM

He has served you with eviction papers because he wants you out. If you have no lease you are a month to month tenant and he can evict you at any time with proper notice, according to NY law.

Otherwise, I don't know what you are asking.

If he is evicting you over unpaid rent and you can prove you paid him, then he will need to find other grounds.

"I don't want you here" is grounds in NY if there is no lease.

The OWNER of the building or his AGENT can evict you, as can a roommate who is on a lease.

nusxxx · Oct 7, 2011, 04:58 PM

Thank U JudyKayTee.. I heard from some of my friends that if I have proved that I live here for really long (all 2yrs when my roommate accept my rent he has to sign recieved). I have signature of him received my rent, my cable (Including internet & Home Phone bills) bills under my name almost a year and Bank account that we used to shared. They said judge would be considering? What do think?

ScottGem · Oct 7, 2011, 05:37 PM

I think your friends don't know what they are talking about. That your roommate is your landlord. You have no lease so your tenancy can be terminated with 30 days notice. If you refuse to vacate by the deadline, then you can be evicted. That appears to be what has happened. After you ignored the first notice, they went to court. And a hearing was scheduled. If you don't show up the court will issue an eviction order and they will get a sheriff to physically remove you.

Now the kicker to this is that your roommate is your landlord, NOT the owners of the building. I'm not sure if they have legal standing to request an eviction, unless they are representing your roommate.

So if your roommate goes with you to court and repudiates the eviction the court would probably drop it.

nusxxx · Oct 7, 2011, 06:16 PM

Thank U so much for all answered... but in fact. Don't forget I got voice recorded of my roommate & supper about they said both of them didn't sue me including my roommate told me thing will void out when I gave him a check and also he just cashed my check after he handed me a notice... everything sound so weird. If I bring this to court.. will they listen and considering that I been using situation?? Thank U

JudyKayTee · Oct 7, 2011, 06:32 PM

Yes, the Court will listen and consider everything you have said so far... and then they will issue an eviction order.

We haven't forgotten anything you've said. It's immaterial.

ScottGem · Oct 7, 2011, 07:26 PM

As Judy said, it is immaterial. The only thing that matters is whether your roommate stands up in court and either affirms or recants the eviction filing.