Celebrating 10 years! 2007-2017

Judgment of possession GRANTED

For those who have been following my "roommate drama", he we dalocummelioribus12/20/18
It's a Christmas Miracle! jd4hire12/20/18
I strongly recommend you keep a copy of the order, and start dingbat12/20/18
I'm not positive, but I don't think OP has any LS plans in h wutwutwut12/20/18
Correct...on the other hand, roommate does plan to take the dalocummelioribus12/20/18
A lot of things can happen by the end of January. I would no fettywap12/20/18
Grinch. jd4hire12/20/18
Like what? dalocummelioribus12/20/18
I was just teasing her. She has a very solid, practical poi jd4hire12/20/18
I mean like what can happen? He wont be able to destroy the dalocummelioribus12/20/18
It's good you got what you wanted in court, but the point is caj11112/20/18
Yes --so the agreement is that he can stay until January 31s dalocummelioribus12/20/18
No bed? Does he have a pad or a sleeping bag at least? I caj11112/20/18
Nope -- he sleeps on piles of sheets and a pillow, I think. dalocummelioribus12/21/18
Oh and yeah, the floor in his room is not even carpeted, it' dalocummelioribus12/21/18
You might suggest the Hotel Vigilant, it's a men's only resi caj11112/22/18
You have a camera recording him in his kitchen? jmoney12/20/18
It's not his kitchen -- it's my apartment (I am the sole lea dalocummelioribus12/21/18
As my Civ Pro professor often stated - Legality does not equ jd4hire12/21/18
Oh right - law has nothing to do with morality necessarily, dalocummelioribus12/21/18
Well, roommate arrangements are undivided interests and one- onehell12/31/18
The thing is that, technically (I'm only speaking of NYC) ev dalocummelioribus12/31/18
Well, did the guy leave yet? And how drunk did he get on caj11101/11/19
No -- he has until the 31st of this month as per the agreeme dalocummelioribus01/11/19
Once he is gone on the 31st, will you be able to change the caj11101/13/19
That's optional at this point - but in NYC, only a marshal c dalocummelioribus01/13/19
UPDATE: So the idiot called my attorney yesterday asking for dalocummelioribus01/23/19
Well he can file whatever he wants, doesn't mean the court w caj11101/23/19

dalocummelioribus (Dec 20, 2018 - 7:26 am)

For those who have been following my "roommate drama", he went to court yesterday as scheduled and spoke with my attorney. He has agreed (in writing and signed) to leave by the end of January and the judge has granted me an order of possession -- meaning that if he does not leave by the date he says, I can then get a warrant of eviction against him.

If anybody has any "landlord tenant" issues, I would definitely recommend the attorney I have been working with on this. He is amazingly fast, aggressive but polite and efficient.

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jd4hire (Dec 20, 2018 - 9:38 am)

It's a Christmas Miracle!

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dingbat (Dec 20, 2018 - 10:20 am)

I strongly recommend you keep a copy of the order, and start drafting a full statement while the events are fresh in your head. You're gonna need it for C&F

Note: it's not a big deal, but they're gonna want information on any legal proceeding to which you've been a party. Your memory is far better now than it will be when you're scrambling to get your stuff together for admission

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wutwutwut (Dec 20, 2018 - 11:09 am)

I'm not positive, but I don't think OP has any LS plans in his future.

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dalocummelioribus (Dec 20, 2018 - 3:09 pm)

Correct...on the other hand, roommate does plan to take the bar...

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fettywap (Dec 20, 2018 - 1:47 pm)

A lot of things can happen by the end of January. I would not be happy.

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jd4hire (Dec 20, 2018 - 2:40 pm)

Grinch.

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dalocummelioribus (Dec 20, 2018 - 3:08 pm)

Like what?

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jd4hire (Dec 20, 2018 - 3:14 pm)

I was just teasing her. She has a very solid, practical point.

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dalocummelioribus (Dec 20, 2018 - 3:25 pm)

I mean like what can happen? He wont be able to destroy the apartment because I have a live camera and work a lot from home

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caj111 (Dec 20, 2018 - 5:22 pm)

It's good you got what you wanted in court, but the point is, it isn't over until it's over. The guy apparently can stay there until the end of next month. Maybe he'll find some means to appeal this Judgement of Possession in the meantime, maybe he'll still refuse to leave and it will take awhile for law enforcement to come to force him to leave. Always think positive but you never know until he's physically out of the place and never coming back.

Here's my question - is there any sign that this motivated him to go out and look for another place yet? For most normal people it would. But he doesn't sound completely normal and it has happened that people defy court orders.

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dalocummelioribus (Dec 20, 2018 - 11:25 pm)

Yes --so the agreement is that he can stay until January 31st -- but the Marshall already has a copy of the judgment and can execute immediately after. So far, he has not shown any interest in fighting this too much, because he does not have an attorney (can't afford one) and would lose badly most likely -- because his only option now would be to stay the eviction order...but then by law he would have to pay rent and could only stay a max of 6 months BUT PAYING rent, which of course he would be COMPLETELY insane to want to try or do. I agree that it isn't over until he is completely physically out, but I thought he would fight this more by adjourning, etc. He also failed to get the building inspectors on his side -- he lied saying there was mice and roaches in my apartment...when they came they directly asked me and I said the only roach is him. Everything here is up to code, so he failed on that end too. He also failed on the police end.

I am not on speaking terms with him, so I do not know what he has in mind or where he plans to go -- I do know that (from my camera in the kitchen) I see less and less of him. He doesn't have much stuff to begin with - in fact, he doesn't even have a bed, he sleeps on the floor of his room. At most, it would take 2 hours to take his stuff out of here. In the agreement he signed with the judge and my attorney, it says that any property he leaves behind will be considered lost.

I honestly think he will leave, considering all he gave up in the document he signed. He also got a judgment entered against him, which can damage his credit report and put him on the tenant blacklist.

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caj111 (Dec 20, 2018 - 11:45 pm)

No bed? Does he have a pad or a sleeping bag at least?

I once tried to sleep on a carpeted floor with just a pillow and blanket and I can assure you I didn't sleep a wink. Maybe he's used to it by now. He does sound weird.

Well, anyway, keep us posted as to when he actually leaves.

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dalocummelioribus (Dec 21, 2018 - 12:15 am)

Nope -- he sleeps on piles of sheets and a pillow, I think. He says he is used to it due to a bad back (and his own weirdness).

Yes, I'll keep everyone posted. He just came in now to the kitchen to use the bathroom, staggering drunk as usual. He is a total loser.

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dalocummelioribus (Dec 21, 2018 - 12:17 am)

Oh and yeah, the floor in his room is not even carpeted, it's hardwood floors from the early 1900s!

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caj111 (Dec 22, 2018 - 2:51 pm)

You might suggest the Hotel Vigilant, it's a men's only residence that charges $140 per week. Lower west side I think. They have no website but Google the name and you find out all the necessary information. They provide free non-toxic bug spray to all guests. The place appears to be as nasty as it gets but he'd have a bed in his own room and would probably be too drunk to notice the bed bugs anyway.

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jmoney (Dec 20, 2018 - 11:47 pm)

You have a camera recording him in his kitchen?

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dalocummelioribus (Dec 21, 2018 - 12:14 am)

It's not his kitchen -- it's my apartment (I am the sole leaseholder) and he only rented a room (which he no longer pays for). I have a right to record in any communal area of my apartment.

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jd4hire (Dec 21, 2018 - 12:35 pm)

As my Civ Pro professor often stated - Legality does not equate to morality. Just because it's legal, doesn't mean it's right.

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dalocummelioribus (Dec 21, 2018 - 1:10 pm)

Oh right - law has nothing to do with morality necessarily, although I think I am morally correct in wanting to protect property from any damage he can cause. Filming in a communal area is not immoral, especially when he knew beforehand that I was doing it since I told him I was going to install cameras).

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onehell (Dec 31, 2018 - 2:04 pm)

Well, roommate arrangements are undivided interests and one-party consent laws are not licenses to eavesdrop, so I don't think either of these statements are true technically speaking. In other words, it was his kitchen too, and you didn't necessarily have carte blanche to record.

The fact that you are the sole leaseholder only means YOU probably breached your rental agreement if you sublet without your landlord's permission, and you're just lucky you didn't get in trouble yourself for doing so, but that doesn't alter the relationship between the two roommates as between one another.

Congrats on the outcome, but IMHO it sounds like you did a lot of things you could have gotten in trouble for yourself. You're just lucky you didn't. In future, get written landlord approval for sublets, and understand that having a roommate turns "my apartment" into "our apartment" regardless of whether the roommate was added to your lease or merely sublet from you to the roommate. If he wasn't paying agreed-upon rent you had every right to evict, but I don't see why you needed to be recording him anyway; such recordings would be unnecessary to prove up nonpayment.

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dalocummelioribus (Dec 31, 2018 - 5:43 pm)

The thing is that, technically (I'm only speaking of NYC) even if your lease says "no roommates" or "no subletting to a roommate", Housing Court frowns upon it because NY State laws entitle you to one roommate, regardless of lease terms. That being said, my lease does say that, but the landlady doesn't care...since we are on "friendly" terms and I've known the landlords for years.

You are correct though in that I have learned a lot from this -- bringing a stranger into my home is not worth the risk and laws are not helpful at all for either owners or leaseholders.

Camera: I put the camera there because he was bringing in shady guests without even telling me and to prevent stealing my things or any episode in which he would get violent with me... since he started calling 911 making false claims that I "pushed him"...so the camera is there as proof in case he would file a false report.

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caj111 (Jan 11, 2019 - 11:36 am)

Well, did the guy leave yet?

And how drunk did he get on New Year's?

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dalocummelioribus (Jan 11, 2019 - 4:10 pm)

No -- he has until the 31st of this month as per the agreement he signed. I did notice he emptied out his room a bit and put his stuff in two suitcases, so I don't think he would be that dumb to resist a warrant of eviction that has been issued and is only "stayed" until the 31st. If his ass is not out by the 31st, I'm executing the warrant and he'll be removed by force. I can't wait till he's out...he makes my stomach turn just to know that he has been living here at my expense for free for 3 months so far.

As for New Years, I did not see him drunk and he didn't do anything that made my head turn. He actually seemed very sad that day.

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caj111 (Jan 13, 2019 - 3:40 pm)

Once he is gone on the 31st, will you be able to change the locks?

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dalocummelioribus (Jan 13, 2019 - 6:10 pm)

That's optional at this point - but in NYC, only a marshal can legally change the locks IF the deadbeat is still here after the 31st. They also have to notify him 72 hours in advance before he is physically removed. According to my attorney, the POS did not seem at all like he wanted to fight to remain here, hence that's why he signed almost all his rights away...but I'm more of the "I won't believe it till I see it" mindset. If he does leave on the 31st and hands in the keys like he says he will, then I can personally change the locks. Any property left behind after the 31st, according to the paper he signed in front of a judge, will be deemed "abandoned" and can be thrown out too. All I hear him do at this point is constantly coming into the apt to use the bathroom. That guy pees literally over a dozen times or more each day. What irritates me is all the water he is wasting (he also showers twice a day by the way) and there's nothing I can do about it until the 31st. People are shocked I've managed to maintain my firm composure and work 2 jobs...but I guess that's just how I was raised "keep calm and carry on fighting".

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dalocummelioribus (Jan 23, 2019 - 1:34 pm)

UPDATE: So the idiot called my attorney yesterday asking for "more time"...of course we absolutely REFUSED so now he's threatening to go to court again. He claims I "deny him the use of wifi". He believes it's his right to have free internet. This is truly truly a nightmare. Now he can file an "order to show cause" and try to delay the execution of the warrant to evict. This is the most disgusting, repulsive and damaging situation I have ever experienced in my life. Only in NYC does a deadbeat get away with so much.

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caj111 (Jan 23, 2019 - 2:41 pm)

Well he can file whatever he wants, doesn't mean the court will let him stay. Sorry to hear this though. Keep posting on this, it's the most interesting thing I have read on this site for a long time.

Deny him use of wifi? That's a new one but he's a loser with no job and no rent to pay so he doesn't have much to lose either I guess, trying every trick in the book.

I had no idea free wifi was part of the implied warranty of habitability. You learn something new every day. >sarcasm

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