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Terrible roomate refusing to leave NYC

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Lauraj89

Junior Member
What is the name of your state (only U.S. law)? NY

So my husband is the prime tenant in our apartment. We have a roommate that is just downright evil. We have served her and had our court date to let the judge evict her and she said she needed a lawyer so she adjourned the case another three weeks although she hasn't paid since August. She has since got vindictive against us, threatened us. She is a very nasty person who poops and pees in her room and lies and says we don't let her use the bathroom or kitchen which is a complete lie. We are very good people but she is trying to play the victim. Shes constantly in front of our door smoking and on the phone saying we have to wait til she finds a place. I know this cannot be true. We are just trying to make it by and this whole situation just seems to get worse. We have called the police on her a few times but no arrests although we have reports since she harasses us non stop. She gets ssi I'm guessing for a mental issue(unknown to us at first) so she is home 24/7 and says she disabled so we can't evict her and have to let her stay up to a year! Our next court date is Nov. 19 and I'm so worried it won't go in our favor, like this nightmare won't end. And to top it off we have children in the home that she constantly wakes up in the night and she filed a fraudulent ACS case against us after we served her the court date. I'm at my limit over all of this. :(
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? NY

So my husband is the prime tenant in our apartment. We have a roommate that is just downright evil. We have served her and had our court date to let the judge evict her and she said she needed a lawyer so she adjourned the case another three weeks although she hasn't paid since August. She has since got vindictive against us, threatened us. She is a very nasty person who poops and pees in her room and lies and says we don't let her use the bathroom or kitchen which is a complete lie. We are very good people but she is trying to play the victim. Shes constantly in front of our door smoking and on the phone saying we have to wait til she finds a place. I know this cannot be true. We are just trying to make it by and this whole situation just seems to get worse. We have called the police on her a few times but no arrests although we have reports since she harasses us non stop. She gets ssi I'm guessing for a mental issue(unknown to us at first) so she is home 24/7 and says she disabled so we can't evict her and have to let her stay up to a year! Our next court date is Nov. 19 and I'm so worried it won't go in our favor, like this nightmare won't end. And to top it off we have children in the home that she constantly wakes up in the night and she filed a fraudulent ACS case against us after we served her the court date. I'm at my limit over all of this. :(
Thanks for sharing. Sorry to hear that. You though asked no question and this is not a support group.
 

Ohiogal

Queen Bee
Sorry my question is does she have any legal standing to stay or halt the eviction
Don't know. Did you give her a proper notice prior to filing the eviction? Did you follow all the laws associated with eviction? Do you have a signed lease with this individual?
 

Lauraj89

Junior Member
Yes she was given written notice. And served properly for the court date and she is not on the lease. We have followed the law and process accordingly to evict her.
 

Ohiogal

Queen Bee
Yes she was given written notice. And served properly for the court date and she is not on the lease. We have followed the law and process accordingly to evict her.
As her landlord, did you have a lease with her? Are you allowed to sublet per the terms of your lease with your landlord? Does everyone in the apartment have to be on the lease?
 

Lauraj89

Junior Member
She has no written lease with us. And yes the landlord gave permission to sublet. And I want to say thank toy for taking the time to help answer my questions and give advice I really appreciate it.
 

Ohiogal

Queen Bee
She has no written lease with us. And yes the landlord gave permission to sublet. And I want to say thank toy for taking the time to help answer my questions and give advice I really appreciate it.
You are welcome. If you have done everything correctly and she was served, I do not see where she has a defense.
 

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