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kryssy325 · Jul 28, 2008, 04:32 PM

Here's what I'm thinking. I feel the property manager is having pitty for them and the story they told. I too have a child!

I work hard, provide for us, volunteer for a teen program, go to church weekly. Yet, they are drinking slurring thieves (they ripped a family friend off, which I just learned) I allowed them here to help them & myself so we can each afford to rent elsewhere. They offered the $700 knowing for both room I should get more.

I'm them one getting screwed and it might be for a long time.

I knew I wasn't allowed to have them here without being on the lease, but thought I was doing good helping them

ScottGem · Jul 28, 2008, 05:01 PM

First, the Prop Mgr has already lied to you so I wouldn't believe them. Second they cannot have gotten a court order so quickly and definitely not without you being informed of a court hearing.

I think you need an attorney to advise you. But the first thing you need to do is read your lease and see what it says about other occupants and sublets. Then you need to check with your local court and find out the process for eviction. Then follow that process.

You move out. Make sure you do a walk through to record the condition of the unit. Let them sue you. You counter sue them. If the Property Managers are helping your cousins stay, then they can be a party to your suit. Wile you may have violated your lease, that's not a criminal action. The worst they can do is terminate your lease which is what you want anyway!

By the way, there is no way they get a years worth of extensions on a stay of eviction.

kryssy325 · Jul 28, 2008, 05:12 PM

Scott thanks so much!

I have a question though. I believe they did go to court (N.Y) I saw them when they came back and went to the office. I didn't see any documentation. I can't afford a lawyer hun, at this point I can barely afford groceries now that I have to come up with extra money.

How can I sue? Them or the property manager? I thought by law, they are allowed to stay by the court and not pay, so how can I sue?

I spoke to the woman from the new apartment and it was hard for me to tell her I might not be moving in, I already have the keys and she didn't ask for a deposit. I don't know what to do.

If I ask him to sign a notorized letter stating he will leave at the end of the month, will that be accpeted as legal documention in a court?

kryssy325 · Jul 28, 2008, 05:14 PM

Also, when I told the landlord maybe I should go to court, she said for what? I can't do anything because they were not allowed here and I don't own the apartment.

Fr_Chuck · Jul 28, 2008, 05:16 PM

That is why they work in a apartment complex and do not work as an attorney,

kryssy325 · Jul 28, 2008, 05:18 PM

Also does anyone know how long they can get in extensions?

kryssy325 · Jul 28, 2008, 05:19 PM

How can I call you Scott, I clicked on the link and don't get what to do

ScottGem · Jul 28, 2008, 05:45 PM

Maybe they did go to the courthouse. But there is NO way to get a stay of eviction until someone files an eviction. There is NO way they will get a stay without a hearing and there is no way they will get a hearing without serving you notice of the hearing. So stop listening to them, they are lying to you to delay you. Listen to the advice we have given you.

As for contacting me. I'm currently online with AIM, MSN and Yahoo Messenger You can IM me using an of those services and we can arrange to talk. I'll be online for the next couple of hours.

N0help4u · Jul 28, 2008, 06:07 PM

They are taking you for a ride all the way around talk to a lawyer.

kryssy325 · Jul 28, 2008, 06:45 PM

My AOL is [email]

Thank you

kryssy325 · Jul 28, 2008, 06:46 PM

I'm online

rockinmommy · Jul 28, 2008, 07:14 PM

Originally Posted by kryssy325

I'm online

Go back and edit out your email address. You don't want that out there for the world to see.

I'm a landlord. Have been for about 15 years. This is a convoluted mess.

At this point I agree with Scott. You should just move. Don't speak to anyone, don't argue, discuss or interact with anyone. You and your daughter pack up all of your stuff and move to the new apartment. Call them and see if you can have access to the unit today. It would be really nice if no one knows where your new place is?? I don't suppose you've kept that to yourself?

Let the landlord come after you. They are obviously disorganized and uneducated, and I wouldn't be surprised if they threated, but never actually get around to suing you. Or they may. I'd take my chances.

Honestly, if you're gone and the free-loading cousins are just hangin' out in that apartment, they're going to get real sick of them, real quick.

As far as your job... honestly, I don't think you have anything to worry about. If you have a good, professional relationship with your supervisor you might mention what's going on. If you do keep it BRIEF and try to be as professional-sounding as possible. Or it might not be worth bringing up at all. I don't think you can lose your job for violating your lease. That's ridiculous.

kryssy325 · Jul 28, 2008, 07:34 PM

But my big concern is also being charged for months that they string this along because they will not leave.

I'm going in the morning and telling them I am leaving and breaking my lease and get a receipt.

Keep you all posted tomorrow

Thanks a mil

And thank you sooooooo much scott... for giving me hope:)

kryssy325 · Jul 28, 2008, 08:14 PM

I'm packing!

Scott, I wasn't sure if I asked you if the property manager can deny me and when I go in tomorrow to put in my letter to leave and break my lease, my mind is such a mess.

I want to make sure they give me the release form (like you said) .

I'm worried that they are going to say they can only give it to me when the inspector checks the apartment, which they do know that they are here, and tell me they can't give me a release form because people are still living in the apartment. That would be denying me to forfeit my lease, right?

If they do that then how can I prove I moved out before August 1st

N0help4u · Jul 29, 2008, 05:20 AM

I would leave and then when they take you to court tell the Judge the whole problem and how you had decided not to break the lease but then the property manager didn't want them to leave, wouldn't evict them and you could not tolerate dealing with them not doing their share.
Under your circumstances I haven't seen any other way other than the landlord evicting and then you said they won't.

ScottGem · Jul 29, 2008, 05:26 AM

(Note to other readers, I talked with Kryssy on the phone last night. She lives in a very large multi-building apartment complex in NYC. I'm familiar with this complex and it has a waiting list a mile long. So that's why they have no problem with a tenant moving before the lease is up.)

To Kryssy,
Even if they don't give you the release move. Tell your cousins, that you are moving and terminating your lease. That if they don't move and you wind up having to pay rent for August or later, you will sue them to recover that money. Its time for you to stand up and do some intimidating on your own.

Your new landlord can provide an affadavit of when you moved in. As Nohelp said, if they take you to court, you tell the judge that you leased another apartment after the complex told you they would release you, therefore you had to move otherwise you would have lost the money you paid for that apartment. You tell the judge, that your counsins were aware that you were moving and they caused all the problems by refusing to leave. You had no choice but to move, leaving them there.

kryssy325 · Jul 29, 2008, 06:55 AM

I just got back from seeing the property manager. I told her that I want to leave and she said that I can leave but they cannot give me a release form because people are still living in the apartment.

I can turn in my keys though and inform her. She said she believes they will leave because they have an application in here and she warned them they won't be able to get an apartment if they are in the matter of illegally living here.

She said if I want to leave its OK, if by the 31 they are not out, she is going to start legal procedures to on me, because it's still my lease, and that may take up to a month or two, to have me evicted. Yet, I am still liable to pay the rent. I remark that it may be possible I can sue them. She told me a judge told them to sue me for feb, march & April, the 3 months they claimed they lived here(they came in may). I don't understand how, they have no proof! They have no reciepts etc

Why would they lie about that? What can they gain by saying it's 6 months they have been here?

I'm thinking, OK then I wouldn't have to worry about them stringing this thing for months.

I called legal aid and they said if I just leave, I may be liable to pay until my lease is up, which I don't think starrett will allow that.

Why don't they just start the legal actions now to have me evicted? Then they'd have to be out sooner

Does anyone know how much a lawyer will cost? I just spoke to he again and ask what did they go to court for. She said that they went and said I told them to leave in 4 days.

ScottGem · Jul 29, 2008, 07:01 AM

At least get a receipt that you turned in the keys. Anyone can sue anyone else over anything. But winning is harder. If its true that a judge told them that (and remember they have lied several times), its probably because they lied to the judge and he based his advice on those lies. The fact that they have cancelled checks for only 2 months will help your case, not theirs.

Like I said they are trying to intimidate you. When you show them you aren't going to be intimidated and will fight back, I think they will back down. Under NO conditions should you put off your move. You acted in good faith and they haven't. That will come out in court.

N0help4u · Jul 29, 2008, 07:04 AM

Well with the proof you have that they only gave you money for two months then that should work against them saying they were there longer. You could say then where is what you owe me for the other months.
Whether they are there or not you would still be liable to whatever they charge for a broken lease but I really understand how it bothers you that your free loaders will be the beneficiaries of it in the long run.
You have to do what you got to do and let them take you to court

kryssy325 · Jul 29, 2008, 07:07 AM

Does anyone know how much a lawyer will cost? I just spoke to he again and ask what did they go to court for. She said that they went and said I told them to leave in 4 days.

She said that If I do go to court I may lose my job because it is fraud and I work for the city. That I illegally had tenants here in a subsidized complex. I said maybe I can go to court and she said she doesn't think the Judge would do anything because they already beat me.

OMG! I don't know what to do!

She said if I want to move, just go and all we can do is wait until the 31st, from there we'll know.