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Rent a room in Manhattan, found out person renting it doesn't have a lease to apt and needs me to move?

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Linenoise68

New member
What is the name of your state? - Manhattan, New York

Basically, the title says it all. In November I started renting a room in Manhattan in November of last year. I have never been late with my weekly rent and last week the person I rent the room from (who lives across the hall) does not have a least on the apartment and tells me I have to move because the person that does have the lease is coming back.

Of course, I am going to move, but he wants me out within 2 weeks and I just started a new project with my job and I can't devote my entire time right now for finding a place and I need at least until the middle of May. Since he does not have the lease on the place can the person who does make me leave? If this guy did it behind his back does that nullify any NY state laws, can I just be thrown out? I'm worried while I'm at work that my stuff will be put out or something, any advice would be greatly appreciated - thank you.
 


not2cleverRed

Obvious Observer
What is the name of your state? - Manhattan, New York

Basically, the title says it all. In November I started renting a room in Manhattan in November of last year. I have never been late with my weekly rent and last week the person I rent the room from (who lives across the hall) does not have a least on the apartment and tells me I have to move because the person that does have the lease is coming back.

Of course, I am going to move, but he wants me out within 2 weeks and I just started a new project with my job and I can't devote my entire time right now for finding a place and I need at least until the middle of May. Since he does not have the lease on the place can the person who does make me leave? If this guy did it behind his back does that nullify any NY state laws, can I just be thrown out? I'm worried while I'm at work that my stuff will be put out or something, any advice would be greatly appreciated - thank you.
It is hard to tell from what you posted if the person who has the lease has even given you permission to be there.

If not: you do not have a legal right to be there. The person you have been paying "rent" to has perpetrated a fraud. Yes, you have to move. Edited: yes, as PRG pointed out, you can dig in your heels and force the rightful tenant to evict you. And shouldn't the person with the actual lease, paying rent on the apt. to the real landlord be able to have use of his unit? But I think you should be able to sue the person renting to you fraudulently for ALL the rent money you paid. And file a police report against the fraudster.

If yes: the person you are paying rent to is acting as an agent for the person with the actual lease, and you are a subletter. You should have 30 day, not 2 week notice, I suspect. Look up NYC tenant resources. You might have recourse.
 
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Linenoise68

New member
It is hard to tell from what you posted if the person who has the lease has even given you permission to be there.

If not: you do not have a legal right to be there. The person you have been paying "rent" to has perpetrated a fraud. Yes, you have to move. But you may be able to sue for your money back. And file a police report against the fraudster.

If yes: the person you are paying rent to is acting as an agent for the person with the actual lease, and you are a subletter. You should have 30 day, not 2 week notice, I suspect. Look up NYC tenant resources. You might have recourse.
I know I have to move, the question is can I be thrown out on the spot? thank you
 

Zigner

Senior Member, Non-Attorney
I know I have to move, the question is can I be thrown out on the spot? thank you
Re-read what you were told. Nobody here believes that you can be thrown out immediately. I believe that you can call 311 and explain the situation. They should be able to refer you to an appropriate agency.
 

not2cleverRed

Obvious Observer
I know I have to move, the question is can I be thrown out on the spot? thank you
You are a victim, as much as the person with the actual lease.

At the very least, you should have more notice. Someone can try to illegally evict you - toss your stuff out on the sidewalk while you're at work and change the locks - but then you have legal recourse: you can sue the m successfully for unlawful eviction.

However, that of course doesn't help you in the short term. Because it's
stressful to think that they could (and might) do that, even if they don't have the legal right to do it.

Do you have anything in writing? Receipts for proof of paying rent?
 

Linenoise68

New member
You are a victim, as much as the person with the actual lease.

At the very least, you should have more notice. Someone can try to illegally evict you - toss your stuff out on the sidewalk while you're at work and change the locks - but then you have legal recourse: you can sue the m successfully for unlawful eviction.

However, that of course doesn't help you in the short term. Because it's
stressful to think that they could (and might) do that, even if they don't have the legal right to do it.

Do you have anything in writing? Receipts for proof of paying rent?
Nothing written however since this suspect behavior I have him on audio recording acknowledging he has been accepting rent from me
 

FarmerJ

Senior Member
Your still a tenant BUT I suggest you carefully search your states laws since you pay weekly ( you wrote ) > I have never been late with my weekly rent< I would think you would want to know If your states laws allow for people who pay rent by the week or some period less than a whole month at a time to be given the same amount of notice to match how often they pay rent so if you pay rent week by week and your states laws allowed it then you could be given one week notice and if you didn't leave then be taken to court and forced to live with having a eviction hearing based on your refusal to move out after being given notice to leave that would actually hurt you more than you can imagine since future LLs would learn of it by screening you and that's all they would need to say NO I wont chance that history will repeat it self and refuse to rent to you . It doesn't matter if the one you rented from didn't have a right to sublet, you became their tenant as soon as they let you move in and if you find that the two week notice isn't enough time or isn't convenient for you BUT that shorter notice was legal it would be in your best interest to leave in order to avoid becoming the tenant that LLs refuse to rent to.
 

not2cleverRed

Obvious Observer
Your still a tenant BUT I suggest you carefully search your states laws since you pay weekly ( you wrote ) > I have never been late with my weekly rent< I would think you would want to know If your states laws allow for people who pay rent by the week or some period less than a whole month at a time to be given the same amount of notice to match how often they pay rent so if you pay rent week by week and your states laws allowed it then you could be given one week notice and if you didn't leave then be taken to court and forced to live with having a eviction hearing based on your refusal to move out after being given notice to leave that would actually hurt you more than you can imagine since future LLs would learn of it by screening you and that's all they would need to say NO I wont chance that history will repeat it self and refuse to rent to you . It doesn't matter if the one you rented from didn't have a right to sublet, you became their tenant as soon as they let you move in and if you find that the two week notice isn't enough time or isn't convenient for you BUT that shorter notice was legal it would be in your best interest to leave in order to avoid becoming the tenant that LLs refuse to rent to.
OP is in NYC, which has its own quirky laws, some of them very "tenant friendly" to the point of being squatter friendly, if the squatter has been there greater than 30 days.

OP has lived there since November, so far greater than 30 days.

OP has rights, as a tenant, and 2 weeks to not enough notice, per NYC law. OP cannot legally be forced out in 2 weeks (but could face the inconvenience of an illegal eviction).
 

PayrollHRGuy

Senior Member
OP is a squatter. He has no lease verbal or written with the owner nor is he a tenant of the actual tenant.

It's like I rented you not2clever's apartment while he was gone.
 
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