Legal Question in Landlord & Tenant Law in New York

How to deal with this?

I rented a room to a lady, without a lease Nov 2007. We never had any rent pmts problems. June 2008, I had a extra room available and she told me that her husband was coming and she wanted to rent it. Her husband came and she started missing pmts making excuses about her husband not finding work. I've been signing the rent receipts as ''shared apt'' because another guy rented the other 2 rooms. Now she is telling me that she rents half of the apt. not only 2 rooms. I told her the apt. doesn't have a door only her rooms, any one can go and use the kitchen and bathroom. What is she trying to say? She owns me a month of rent. and when i went to ask for the rent, she told me she was going to pay me, and that she was moving out, refused to tell me when. I was going to give them a lease and they refused to sign it! I want her to move out and the other guy who rents the other 2 rooms aswell. can i send them a certified letter with a 30-day notice to move out? just to acknowlege what she told me about moving out? What about the other guy he is also behind with rent can i just tell him to move also? I don't want any of them there!


Asked on 12/02/08, 1:25 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: How to deal with this?

Based on your question it seems that you are renting out rooms illegally. If the premises is a 1 family residence, you cannot rent out the residence to more than 1 family.

The Court will not uphold an illegal lease agreement. You will be able to evict the tenants, however, you will not be able to force payment of rent.

That being said, to give a 30 day notice in New York City the notice must be legally served and not just sent by certified letter.

Mike.

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Answered on 12/02/08, 1:34 pm


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