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I am living in rent stabilized apartment in NYC and my name

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is ***** ***** along with...
I am living in rent stabilized apartment in NYC and my name is ***** ***** along with my friend. But now my friend left then I took a roommate. But roommate is not on lease neither we have written agreement. My landlord does not know about roommate as I have not taken permission. There was verbal/ emails/text msgs agreement between us that she would pay security deposit of $500 and monthly rent $650. It was clear that she will get security deposit back once she leaves my place. She paid security deposit on 3rd April 2015 but came to stay on 11th April 2015. Now I believe her starting date of stay is 3rd April and she should pay on 3rd of every month but she believes it's 11th and pay on 11th of every month. There is no explicit proof in chat or email about this. After one month, on 11th May 2015 she gave me notice that she wants to leave. She then deducted security deposit from second months rent and now wants to leave on 11th June without paying for 9 days as I believe her stay started from 3rd April.When I argued with her about deducting security deposit one month early she agreed on leaving 2nd June. I have her statement on email about leaving on 2nd june. But now she is not leaving till 11th and asking me to return 9 days rent if I want her to leave on 2nd. I am out of US for vacations and wants my boyfriend to stay in my room but she is saying she won't allow anyone to enter apartment and get him arrested. What are legal actions I can take against her? Will I get compensation from her if I win case in court?
Submitted: 2 years ago.Category: Real Estate Law
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6/3/2015
Real Estate Lawyer: CalAttorney2, Lawyer replied 2 years ago
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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You can sue her for breach of contract if you like (you are correct for the most part regarding this situation - I can see a legitimate dispute over the start date for the lease, but you are absolutely correct regarding the impropriety of withholding the security deposit from the last month's rent - that is not proper).However, any small claims suit is going to take time - at least 3-6 months, and you are probably in violation of your lease terms by having a sub-tenant in the unit without authorization from your landlord - so you are going to open up a whole can of worms by bringing this matter into litigation.You can try mediation, but if you are outside of the U.S. I don't know how effective it will be - many mediators are comfortable conducting sessions via teleconference, so you can certainly try contacting the New York City Bar association and asking for referrals to landlord tenant mediators and trying a few of them to see if you can set up a short (1/2 day) session to try to reach a resolution with this person (at least to ensure that your boyfriend can use the unit - she has no right to threaten him with arrest).
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Customer reply replied 2 years ago
What are legal actions that landlord can take against me? Can he evict me? Is it criminal offense to keep roommate without permission? What range of monetary compensation can he ask from me for keeping roommate? What will happen if my boyfriend try to enter apartment without using mediator? If I still want to sue her how much monetary compensation can I expect?
Real Estate Lawyer: CalAttorney2, Lawyer replied 2 years ago
This would be a civil matter (not a criminal one).Your landlord's remedy would be an eviction action, but in this case you would have an argument that you should be given the opportunity to "cure" any breach (meaning fix the breach and remain in the lease).If your boyfriend returns and she calls the police, the police shouldn't arrest him, but they may prevent him from entering simply to "keep the peace" (he isn't on the lease so he doesn't have a property interest in the unit), going through mediation you would at least have a settlement agreement with a formal understanding between the two of you regarding this issue.If you sue her now you would be premature - your remedy would be for breach of contract and for unlawful detainer - you would have to give her notice to vacate, etc. and she is already planning on moving out in a little over a week - so your damages are going to be minimal (unless she damages the unit, it probably isn't going to be worth your time).
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Customer reply replied 2 years ago
I have one last question. If I call landlord now and accept my mistakes can he evict my roommate legally now and give me time for my eviction around a month at least. How much time can he give my roommate to evict and how much time can he give me to empty apartment? I am really scared that she may damage unit as she is becoming very aggressive with me.
Real Estate Lawyer: CalAttorney2, Lawyer replied 2 years ago
An eviction takes 4-8 weeks - your roommate/subtenant is going to be leaving before you would get a judgment of possession.You can get your landlord involved, but I am not sure that this is in your best interest (you are likely to lose your rent stabilized unit), but that is a call you are going to have to make.
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