[kryssy325]

I allowed my cousin to stay at my place for 2 months in agreement that she give me 700 a month and now she refuses to leave. I already have another apartment and now I was told by a friend that is she doesn't leave on my move out date, the landlord cannot kick her out and that the time she is there, even if for months that I will be liable to pay, up to 6 months. Does anyone know how I can get out of this? I absolutely can't afford that. She has to checks that she gave me, on bottom says rent. Help? I need a fast response. If possible can you please help, I only have a few days.

[N0help4u]

If I understand you right, your lease is up and you are moving? If your lease is up and you move you would not be responsible for your cousin. Your cousin would have to leave when you leave because once the lease is up and you move he is free to rent to somebody else.
Why would you be responsible for her or she be entitled to stay there at your expense if your lease is up and you do not renew it?
If you were breaking the lease and she stayed then you would be responsible for the rent until your lease was up whether she was there or not.

[kryssy325]

But I am breaking the lease but there is no penalty for it. I think that is why she intentionally wrote "rent" on the checks. In agreement, I was moving out in August for my daughter to start high school by sept, I am a single mom and see they schemed me on this.

I already have most my things moved into my new apt and they are sitting there. She asked to put her on the lease, but I think its wrote they are trying to force this on me. I was warned that they cannot get thrown out until a court process and the time they are residing in here, whether I am here or not, I am liable to pay however long it takes and that can be as long as 6 months.

I can't afford this! Can I not pay my rent, go through the eviction process and then they are forced out? It might be cheaper for me and they'd have to pay but I'm also risking my credit. I'm leaving by the first and I'm restlless. I was even told to have their things removed, drop off and her brother's house, and change locks
?

[kryssy325]

Also, what if I add her name to the lease to avoid more problems? When I do not renew the lease can she keep the apartment? Even if I don't? Also, they have only been here 2 months and this Friday August rent is due, but I had planned to out before since I cannot afford it. They have 2 checks for June and July that they paid me $700. They receive no mail here and no bills are in their names (her & hubby), I'm in N.Y.

Would it be in my bst interest if I let my landlord know about the 2 who are not on my lease and break my lease and let him deal with it or I istead of my breaking my lease, I keep it and just not pay the rent at the same time while trying to get them evicted. I was also told in the state of N.Y I have up to 90 days to get someone out.

On August 1st, it will make 90 days but they won't leave

[N0help4u]

When the lease is up SHE can start a lease in HER name. She can not renew you as a lease holder. Since you are breaking the lease the rule is for whatever the lease says regardless of if she was there or not. Usually the landlord requires you to pay the rent until a replacement is found for you to take over your rent. She should still be responsible for whatever share the two of you agreed on in the beginning $700. For every two months.
Actually, I would think that you should be able to consider them the replacement for you and leave it up to them to pay the rent but I am not sure if or how that would work.
I would tell them they have the option of taking over the lease or the landlord evicts them.
Actually New York you give a three day written notice and then if they do not leave you go to the magistrate and have them formally evicted and the constable or sheriff will take care of it if they still don't leave. I would think your landlord would be the one to serve them.

[kryssy325]

Thank so much for taking time to answer my questions. I've been up all night over this, my daughter went to bed crying with a headache.

Here's the senario. She asked if I can hold some stuff from storage because I have 2 extra bedrooms. I explained to her that I was considering renting them out but because she was my cousin I'd help. We agreed that she can give me 1400 in 2 payments because it was for 2 months. The stuff was way more than to fit in the rooms because it was her husbands and hers. I agreed to allow them to stay the last month.
They knew before augustThey set to move. They asked if they can stay and I said I didn't think I'd want to leave the apartement in my name to someone.

I statred to worry because they way they see suspicious. Then I realized on the checks they wrote "Rent" as payment for. I didn't think much of it until now. Last week, her husband came to me and said... ummm we are not leaving! So, I was just going to turn in the apt and let management deal with it, but was advised that until they can get them out, I will be held liable for the rent that accrue during that time and that it can take up to 6 months sometimes. I absolutely cannot afford this, and they apparently knew what they were doing... I didn't.

I was thinking of going to management and explain the situation. I know I may get into more trouble because I allowed them to stay here and they are not on the lease (illegal tenants) I think. I am now wondering if I should just leave, not pay rent, get evicted and deal with it in caourt because at this point, I think this whole thing is going to cost me thousands (My rent is 1300).

No matter what, I already paid my security and part 1st month rent in my new apartment, not expecting this. They just took advantage of me because I'm a single mom & wanted o ge extra bucks to move my daughter into a better neighborhood so she can start hight school. I just don't know what to do. Since they know all this legal syuff and I don't I wonder if me taking the legal way (which I have no idea) and except the consequences:(

I cannot afford to pay both rents

They knew before August

[Fr_Chuck]

Ok, if you leave them there, they can evict him, but it may take a couple months, during which time you are liable for the rent.

You need to evict him first.

[kryssy325]

What a couple... just 2

I realize that no matter what this is going to cost me a lot

[kryssy325]

If I get them out, what do I do? How long will it take? They have the 2 check stubs... will that go against me? Can they sue? Me

If me or management serves them with a 30 day, can they dispute this. I know that out of spite, its not the goal to have the apartment, they just want to do this to me out of spite to feel they win. It's horrible when your in you "home" and can't walk around without the snickering remarks, slamming doors, cursing at me, blasphemy... all this in front of my 13 yr old daughter. They also have a baby.

I'm asking because I see they are scheming cruel people

Maybe I should just go to management and tell them and maybe together we can do it?

I cannot pay the rent... I didn't think this would happen and I have the new apartment. I know that definitley an eviction will come in this one, this will be on my credit report.

If my management evicts me for none payment, which I am not going to be here anyway, and they come they are just going to evicet them. Will they be able to sue me or get me in some kind of trouble?

It was also suggested that perhaps I shoul tell management I have people here who are not supposed to be here, which they do evict residents all the time for, and just wait to get evicted! If I were able to have them take the apartment off my hands I would, but I know that I would have to first put her on the lease yet leaving myself as head of household... evenn when I'm not living here. I refuse to stay here, I had this planned for an entire year, my daughter if miserable n scared of the things they are doing. I hate to see my kid go through this!

Anyone...

Please help

[rockinmommy]

I allowed my cousin to stay at my place for 2 months in agreement that she give me 700 a month and now she refuses to leave. I already have another apartment and now I was told by a friend that is she doesn't leave on my move out date, the landlord cannot kick her out and that the time she is there, even if for months that I will be liable to pay, up to 6 months. Does anyone know how I can get out of this? I absolutely can't afford that. She has to checks that she gave me, on bottom says rent. Help? I need a fast response. If possible can you please help, I only have a few days.

Ok. First of all... CALM DOWN. I know you're very upset, but you're all over the place. You need to take a deep breath so you can deal with this rationally.

One course of action, which I'm not suggesting as LEGAL, or the best solution, is to just move their stuff out. You mentioned a brother?? What do you think they'd do if you just moved their stuff out? Do they know where you're moving to? I'm wondering about getting your daughter safely to the new place and just basically (nicely - no damage or anything) moving their stuff "for them". If/when questioned just say, "well, it was moving day and I wanted to help you out." Like I said, not a legal suggestion. But it is one of your options... They just sound like bullies, and usually when you stand up to a bully they loose their bravado and go away.

As far as you being responsible if they stay. Yes, there's some degree of accuracy there. The key is your landlord regaining possession of the property. If he can't regain possession because there are people still in it, then it's still leased and your name is the one on the lease. There are so many different factors at play here, with a broken lease, illegal sub-lease, etc, it's really hard to say what would happen if the whole mess wound up in a courtroom.

What's the landlord like to deal with? I'm guessing they must be pretty easy if they're letting you break your lease w/out penalty?? As a landlord, I'd appreciate knowing exactly what's going on - the sooner the better. Even if the tenant screwed up and let someone in there, etc. The sooner the LL knows what's going on, the sooner they can do something about it. I'd recommend going to the landlord and explaining everything. Be very humble, tell them you were trying to help your cousin, but realize now how bad you've screwed up. Tell them you want to make this right, you'll do anything you can to help, but you need their help and guidance.

It's a sticky, messy situation. And you're right... it's probably going to wind up costing you. Is there a grandparent, friend, somewhere safe your daughter can go stay until this mess is over?

[kryssy325]

Your right, I decided today that I'm going to have to let go of my new apartment and stay here until this is over. I will admit. I'm not a smoker, but I will be for as long as they are here (they have a baby and I know I'd leave), parties, no cleaning, leaving friends to hang out when I'm not home. Cops came to day and kind of told them that If I move out that they have to get their stuff and leave or they can be charge with tresspassing. I doubt that's true but cop was angry at what I'm dealing with.

This is all out of spite. I would have just left and moved on. Her brother has a room. I was even going to offer to pay for Uhaul and 2 months storage, so I can avoid having to pay another month and I can eave. This is not the greatest neighborhood and I wanted to do something better for my daughter, I work and people want to take. In all, this will come back to them.

I'm going to the property manager tomorrow morning. I have a friend who is good friend with her and going to call in the morning to put in a good word.

They are not on the lease and usually management will evict you for this... and I'd love to get evicted.

Wish me the best hun,

Thank you,

Kristina

[N0help4u]

I think the cop was right because of the fact that they are not on the lease and you wanted to move. So if you had broke the lease they could get trespassing charges if the landlord and cops wanted to be a problem.

[ScottGem]

Ok. Several points:

1) Because you agreed to let them stay in return for money they became YOUR tenants. It doesn't matter that they wrote Rent on the checks, but that helps their case. Since they were your tenant, you have to evict them to get them out,

2) The cop was being nice, but he was wrong. In the eyes of the law they are tenants and need to be evicted.

I'm curious as to why the RELATIVES are screwing you around? Or can they afford to pay the full rental? Maybe they just want the apt. If that's the case, then let they stay and pay the full rent. Another thing you can do is talk to the landlord, see if they will agree to add them to the lease and take you off.

But if they are intent on screwing you, then what I would do is move (you really can't not move because you will still be responsible for the rent on the new place). Immediately start eviction proceedings against them Then sue them for any unpaid rental and costs.

[kryssy325]

Thank you all so very much for responding to my problem. Here's what happened. Today I woke and set to go to the property manager and explain to them the situation, when I arrived THEY, my cousin & her husband who refuse to leave were already there! They cried about some story that they have lived there since February (a Lie) and that I told them to move in 2 days (another lie) they knew they had to leave by August since they came in. I accepted the checks because I didn't think they'd be the types (I really didn't know him).

I was told on & on about the lease and how I was not supposed to rent to other people and except money, that I CAN LOSE MY JOB FOR FREUD! Is this true ( I work for the city) I then tell her before you go on, I want to explain my side and I did. So, she explained they are going to court and getting a 30 day and then they'll be out. She said I could get them evicted because I am not the landlord and I wasn't supposed to have them there.

I know they went to the property manager to be vindictive and out of spite. I offered to pay for their Uhaul and 2 months storage because her brother said they can stay with him. They said no.
I siad but what if they don't? She said OHHHH I'll get them out!

She then called me when they returned and put me on speaker. She said they are leaving at the end of the month and that they will not be paying me, that to be considerate of each other and try to pass the month fine. Well, I already have an apt I am supposed to move into at the end of the week.

Hey, I'd leave because I lucked with it all included and beautiful! But who's to say after the 30 days, they won't try to extend it longer. I overheard him say that the judge said they have 30 to a year!

A year!

You mean to tell me, a person can live rent free for a whole year. Why wouldn't this working person be able to get another place?

If that's the case, wouldn't everybody do this scam? I'd love to live rent free!


My cousins husband comes into the aptartment and explain how they have the upper hand, that they 'd appreciate that the no smoking and no loud music and they promise they will not leave in 30 days! Hmmm... giving me altermatums in my place! Nice!

I told him, then its going to be a very overbearing, uncomfortable situation for them. I will truly let this place be a dump... literally. Are those conditions they want to live in with a baby? I cannot believe this.

I'd leave to my other aptartment if it were set in stone they would leave by the end of the month and I can make a payment arrangement to pay for the month of August (I cannot afford this). I figured it would be best to stay because they will be miserable. I already had some loud guys drinking and smoking last night and they never came out the room. I know they didn't like that and perhaps if this continues they find it unbearable and leave, if I leave then they are content and abuse it more and set to ask yet again for another month and another...

What should I do?

Why didn't I get evicted? I did so something against the lease policy

I'm a single mom, no child support and my kindness bit me on the arse

[kryssy325]

ScottGem

What do you mean sue? Will I be able to get this money back?

I can do this?

[ScottGem]

Ok, first, you did not commit fraud. You will not lose your job over an illegal roommate. Those are just empty threats. I'm not clear as to who told you that though.

Second, while they may think they have the upper hand, they don't, at least not completely.

Third, yes, you most certainly can sue them for any costs you incur getting them out of that apartment.

Now, I'm not clear what exactly happened when you went to the property manager. It sounds like the property manager is going to handle evicting them. Is that what they said? Was it the property manager who called and put you on speaker telling you they would leave at the end of the month? Did they then come back and say they weren't? I'm sorry but your post (#14) is rambling and very confusing.

But the bottomline, if the property managers are willing to go through the eviction process let them. Even if you illegally allowed them to live there (and I'd have to see your lease to be sure you broke it), they are still your tenants so you would be the ones to have to evict, but let the landlord take care of that if they are willing.

Don't be petty and try to make them uncomfortable and want to move. If the property managers are willign to handle the eviction, ask them if they will hold you to the rental after you move out.

[kryssy325]

Sorry, I'm just really upset.

The property manager told me I can lose my job, that she would call them.

The property manager said that she told them to go to court for a 30 day and to bring it to her and she will discuss things with us. They went to her office and I received a call on speaker and she stated that they have a court order to have 30 days to find another place of residence & they are leaving at the end of August. In the meantime, try to be considerate of one another and no harassing.

(In the background, I heard him say 30 day to up to a year of extensions). Meaning, they can keep asking for more time, in which I will be responsible for paying the rent while they remain here (can be months) If it is 100% they are leaving in 30 days then fine, I'll move and make arrangements to pay. But, why should I leave if it might be longer.

I think this is truly unfair.

It's not that I want to petty, but I figured if I move into my other apartment, they will feel comfortable and content, take advantage of not having to pay rent and do so for as long as they can. If I stay then maybe they will find the living condition unbearable and leave. My daughter is crying all the time, having headches, the runs... this is physically affecting her and I can't fix it.

[Fr_Chuck]

The landlord has no business in this, unless they have a lease, they rent from you, not them, you may evict them unless the management wants to rent to them.

Well I would perosnally had told the property manager a few things about them losing thieir job for maing threats and attempting blackmail. But then that is me.

Also if it was me, and they did not pay property, I would give them a notice to evict, and take them to houseing court for eviction, since they rent from you, not anyone else.

Of course if they were in my house doing this, I would most likely do something that was not legal at this point but I can not advise on that.

[kryssy325]

But the property manager said that I can't take them to court because I don't have authority to do so. That I had no right, in breaking the policy to have people in my apartment not on the lease and charging them,

[kryssy325]

At this point...

They went to the court and got a court to stay for 30 days
~He tells me they have upperhand
~I see no papers, He and property manager tell me over phone
~If I leave, I still have to pay the rent for them
~They can continue to ask for more time, in which , I am liable to pay (Months)
~He tells me that he will leave(words) in 30days as long as I agree to stop having people smoke, music, etc. If I do then they will not leave.



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