Legal Question in Landlord & Tenant Law in New York
Eviction Pending
I have held a lease on my apt in manhattan since 1989 and since 1990 have had the same roommate. About 2 years ago, the building was sold. For the past year i have been out of state taking care of my mother who is dying. There was a fire in our building and the front entry locks were changed. The new management refused to give a key to my roommate until i faxed the authorization stating why i couldn't pickup the key in person. They immediately began eviction proceedings stating that i had illegally sublet the apt. we have proved in court that we have lived together for 14 yrs., etc., my question...if i move back to my apartment immediately, can they still proceed with eviction process. we have not gone to trial...yet.
1 Answer from Attorneys
Re: Eviction Pending
This is a tricky question, and not an easy one to respond to at first glance. There are issues of the anture of your personal relationship (if any) with the roommate, and the nature of your residential relationship with respect to rights regarding authority over the apartment with the roommate.
There are also issues of whether the landlord had knowledge or apparent knowledge of the roommate. Was the roommate openly livbing there? Did he receive mail there? Was there a door man? did the landlord ever meet him or accept rent from him personally or from a check drawn on a bank account in his name?
I would suggest that you speak to an attorney about your defense because there are legal issues for which it would be a good idea for you to have representation.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
