Remembering TCPaul, 2016-2019

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
Exactly -- last night I saw he did not sleep at my place, so dalocummelioribus01/24/19
Well, what his mother did isn't his fault, but I guess I can caj11101/24/19
Yeah. Even worse, imagine a room-sharing arrangement like O jeffm01/24/19
So how much is your attorney charging you to go back to cour fettywap01/23/19
Now he would bill per hour...but it is quite expensive, unfo dalocummelioribus01/24/19
Sounds crazy! It still looks like a love relationship gone jeffm01/24/19
Thank you. It really is -- I am juggling two jobs at the sam dalocummelioribus01/24/19
So what's the word? This is the week he leaves supposedly. caj11101/28/19
He was out of the house from Wednesday until Saturday (did n dalocummelioribus01/28/19
UPDATE 1/30: The POS filed an order to show cause, so the ev dalocummelioribus01/30/19
No longer a Christmas Miracle... jd4hire01/30/19
I actually just spoke to the individual. I decided to use my dalocummelioribus01/30/19
Be careful... doesn't sound like you can trust this guy in t caj11101/30/19
Ha! True...I'm putting all I´ve got though to try and "reas dalocummelioribus01/30/19
I don't understand. Aren't the marshalls supposed to physic caj11101/30/19
It doesn't work that way in NYC. We have the warrant, yes, b dalocummelioribus01/30/19
So you're just going to keep agreeing that he can stay anoth fettywap01/30/19
According to my attorney he can continue to delay the warran dalocummelioribus01/30/19
If the guy isn't out by the time your lease ends, can you ju caj11101/30/19
2 things> I definitely want to renew my lease because my apt dalocummelioribus01/31/19
Well at least you are somewhat back on speaking terms. The b caj11101/31/19
yes, but at least if he pays me as he says he will and shows dalocummelioribus02/01/19
If he doesn’t leave, I would let him know you’re going t lawdawg01/31/19
If he doesn’t leave, I would let him know you’re going t lawdawg01/31/19
I tried that but it didn't seem to work - evictions (at leas dalocummelioribus02/01/19
So it is February 8, what is the update? caj11102/08/19
We went to court last Friday and came to sign another agreem dalocummelioribus02/11/19
Good luck. I'll check in again around March 1. Sorry you h caj11102/12/19
Yup -- in fact, if I stop paying rent, she will have to init dalocummelioribus02/12/19
Just read this entire thread. What a disaster. You got steam nonlinearjdmba02/13/19
Well, this is the week he takes the bar exam. Any sign he is caj11102/25/19
Ha! Remember when I told all you guys earlier that I never b dalocummelioribus02/27/19
Update as of 2/28 -- I woke up to the sound of him packing h dalocummelioribus02/28/19
I’m going out on a limb here and guessing he fails to hono smilinjackcasey02/28/19
It ain't over until the fat lady sings, or in this case, unt caj11102/28/19
He came to me at lunch time and said he was going to "urgent dalocummelioribus02/28/19
Sounds like he is digging in his heels and this is the begin caj11102/28/19
March 1st. smilinjackcasey03/01/19
Latest updates: On February 28th, he finally packed ALL o dalocummelioribus03/02/19
Update: He texted me yesterday afternoon saying "movers will dalocummelioribus03/03/19
This reminds me of Single White Female. smilinjackcasey03/03/19
So, did the movers come today, now that the snow is not an i caj11103/04/19
Ha! It snowed a bit this morning although everything is melt dalocummelioribus03/04/19
UPDATE: He texts me at 4:10pm says: "I wasn't able to get th dalocummelioribus03/04/19
I wonder if there really were any movers in the first place. caj11103/04/19
Exactly -- he should do any explaining to me, not the landla dalocummelioribus03/04/19
HE MOVED ALL HIS STUFF OUT AND HE CALLED ME TO APOLOGIZE FOR dalocummelioribus03/05/19
O K ! wutwutwut03/06/19
Glad to hear it. Lesson learned the hard way... jeffm03/06/19
Glad to hear it... tell us when the Marshal finally changes caj11103/06/19
Marshal just came -- locks are changed and I am now official dalocummelioribus03/06/19
Congratulations! jackofspeed03/07/19
Just one more question in this saga... are you still going t caj11103/08/19
I'm staying...partly because of that and the other part beca dalocummelioribus03/10/19
Haha, I'd love to hear about that new saga, it would give me caj11103/10/19

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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dalocummelioribus (Jan 24, 2019 - 9:10 am)

Exactly -- last night I saw he did not sleep at my place, so I have no idea where he went. My attorney contacted him yesterday basically saying "do what you have to do" but we are not granting you more time.

This guy is totally insane so he thinks he actually has a human right to wifi. Not even the most insanely left-wing radical judge in NYC (for now) would recognize a "right to private wifi". We never even had a written agreement where I would ever grant him any wifi access, let alone without paying anything for it. So here's a guy who surrendered all his rights in his signed agreement and now asks for more time a WEEK BEFORE the 31st. Totally stupid. Here's a guy who studied law at Whittier and cannot even keep a normal Paralegal job let alone pass the bar and be an actual attorney in any kind of law. He's confrontational (Even my lawyer, who initially thought he was "polite" has found out the truth now...he's confrontational and a total asshole, loudmouth, threatening). When you first meet him you think, "wow, a nice polite guy from the South"...but when you live with it, then you realize it's basically trailer trash. His mother (I mention this important detail because it was actually on the news) hooked up years and years ago with a Mexican man who kidnapped her daughter (his half sister) and took her to Mexico, repeatedly raped her and beat her and made her bear 10 children for him. She recently returned to the US (escaped Mexico) and he is being brought to justice. I mention this because this is the kind of environment and parental background we're dealing with too. He claims to have ADHD and he leaves his toothbrush and floss in the shower...which is disgusting. His half sister has said that she blames the mother for allowing so much sexual abuse and ultimately resulting in the Mexican man kidnapping her from school back in the 90s.

And you are correct - what he can do now is file an "order to show cause" trying to delay the eviction, but judgment of possession is granted. These things, unfortunately, just take time. I'm more concerned about him calling NYC Housing & Preservation making false complaints about roaches or building code violations to get me in trouble with the landlady (even though the building has ZERO violations) they still come and inspect and record the complaint. DONT EVER rent to anyone in NYC, trust me. It is a horrible horrible place for anybody who actually pays their way in life.

This is the link to the info about his half sister:

https://www.independent.co.uk/news/world/americas/man-arrested-rape-stepdaughter-prisoner-19-years-henri-piette-rosalynn-mcginnis-mexico-a7990581.html

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caj111 (Jan 24, 2019 - 11:47 am)

Well, what his mother did isn't his fault, but I guess I can see what kind of background he comes from.

In the meantime, keep everyone posted, hopefully this "order to show cause" he's filing won't have any effect on his eviction.

I don't think I could be a landlord at all, with all the horror stories I've read, let alone in super-pro-tenant New York City. Read another article that in Michigan, it's even harder and takes longer to evict squatters (sometimes a year or more) than it does to evict somebody who actually had a lease and fell behind on their rent or was violating other terms of the lease.

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jeffm (Jan 24, 2019 - 12:04 pm)

Yeah. Even worse, imagine a room-sharing arrangement like OP's.

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fettywap (Jan 23, 2019 - 6:57 pm)

So how much is your attorney charging you to go back to court?

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dalocummelioribus (Jan 24, 2019 - 9:11 am)

Now he would bill per hour...but it is quite expensive, unfortunately. I have no choice though, at this point. I do have a very good attorney though...and in NYC, no attorney is "cheap". It really is what it is in this case.

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jeffm (Jan 24, 2019 - 11:06 am)

Sounds crazy! It still looks like a love relationship gone bad, but whatever. If it's that bad, I wish you the best. It must be hard to stay sane.

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dalocummelioribus (Jan 24, 2019 - 11:34 am)

Thank you. It really is -- I am juggling two jobs at the same time too and as a consequence cannot be home more time to watch in case he does some crazy stuff. I do have a camera installed though just in case...but this is a very trying time mentally. I do manage to "keep calm and carry on" though because that's how I was raised. No matter how hard something is, you must fight till the end with dignity.

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caj111 (Jan 28, 2019 - 12:00 pm)

So what's the word? This is the week he leaves supposedly. Is he wailing about being turned out into the street in the dead of winter, or is he still pushing his constitutional right to Wifi access?

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dalocummelioribus (Jan 28, 2019 - 2:10 pm)

He was out of the house from Wednesday until Saturday (did not even sleep in his room) and came back Sat afternoon with a backpack and emptied out a suitcase in his room, so he obviously does have places to go.

I noted he also did not sleep in his room last night but now he seems to be home. He does not speak to me (we are not on speaking terms) but as far as I know my attorney did contact him and said we're not granting more time...so now the warrant of eviction will have to be executed. Like I said before, this is a total, utter nightmare.

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dalocummelioribus (Jan 30, 2019 - 5:18 pm)

UPDATE 1/30: The POS filed an order to show cause, so the eviction is delayed obviously. The next court date with my attorney is 2/8. I am now at my wits end. My attorney mentioned that they may come to another "agreement" but if he didn't even honor his first agreement, why would a new one make any sense? I´m thinking of actually firing my attorney and doing it all myself anyway since at least it won't cost me a dime.

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jd4hire (Jan 30, 2019 - 6:16 pm)

No longer a Christmas Miracle...

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dalocummelioribus (Jan 30, 2019 - 6:46 pm)

I actually just spoke to the individual. I decided to use my psychological prowess and good acting skills to see if I can make him come to reason and it seems to have worked now (I stress, for now). He now has told me, miraculously, he is willing to pay this month and that he will bring the cash on the court date if I sign an agreement extending his stay to the end of Feb. I think I've solved more in a 10 minute kitchen chat than my attorney.

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caj111 (Jan 30, 2019 - 6:53 pm)

Be careful... doesn't sound like you can trust this guy in the slightest. Hell, even if he does bring cash to court, I would have it checked to make sure it's not counterfeit.

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dalocummelioribus (Jan 30, 2019 - 7:24 pm)

Ha! True...I'm putting all I´ve got though to try and "reason" with him. My attorney said he's a slick liar (which is true) but then again, I`m screwed either way as it is.

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caj111 (Jan 30, 2019 - 6:45 pm)

I don't understand. Aren't the marshalls supposed to physically evict him tomorrow?

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dalocummelioribus (Jan 30, 2019 - 7:23 pm)

It doesn't work that way in NYC. We have the warrant, yes, but now it would have to be signed by a judge and THEN the marshals can come and evict...but they cannot do that until the judge orders it, unfortunately.

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fettywap (Jan 30, 2019 - 7:17 pm)

So you're just going to keep agreeing that he can stay another month? I suspect he doesn't have anywhere else to go.

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dalocummelioribus (Jan 30, 2019 - 7:22 pm)

According to my attorney he can continue to delay the warrant, unfortunately.

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caj111 (Jan 30, 2019 - 11:56 pm)

If the guy isn't out by the time your lease ends, can you just elect to not renew your lease, just leave and then it is not your problem anymore (although maybe your former landlord might sue you for the costs associated with eviction if the guy continues squatting in the apartment)? I would imagine that is not an ideal situation but perhaps it's an exit strategy.

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dalocummelioribus (Jan 31, 2019 - 9:37 am)

2 things> I definitely want to renew my lease because my apt is so cheap and the landlord is not raising the rent...it expired last month and I've already been asked to renew the lease if I want. And yes, even if I did leave and leave him there, I could be sued since I brought him in anyway. He apologized to me several times last night (so I'm hoping it's not all BS) even though Im still taking him to court on the 8th to sign the agreement. He has promised and given his word that he will definitely leave after taking the bar exam in Feb. He seemed genuine, but you never know sometimes...this is like the govt shutdown. It opens and closes...only time will tell, unfortunately.

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caj111 (Jan 31, 2019 - 1:43 pm)

Well at least you are somewhat back on speaking terms. The bar exam isn't until the end of February though

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dalocummelioribus (Feb 1, 2019 - 9:17 am)

yes, but at least if he pays me as he says he will and shows me that he is really moving out his stuff, there can be a thaw. But again, I really don't trust him since he changes everyday, so until I actually see physical evidence of him making the effort to leave, I will assume this is all BS on his part to get more time. I still have the marshals pending...so I'll have to see how he acts on the 8th (the next court date)

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lawdawg (Jan 31, 2019 - 7:12 pm)

If he doesn’t leave, I would let him know you’re going to report this to whomever deals with the Character and Fitness portion of the bar. That should light a fire under his a$$.

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lawdawg (Jan 31, 2019 - 7:14 pm)

If he doesn’t leave, I would let him know you’re going to report this to whomever deals with the Character and Fitness portion of the bar. That should light a fire under his a$$.

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dalocummelioribus (Feb 1, 2019 - 9:15 am)

I tried that but it didn't seem to work - evictions (at least in NY state) don't affect the C&F portion.

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caj111 (Feb 8, 2019 - 2:56 pm)

So it is February 8, what is the update?

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dalocummelioribus (Feb 11, 2019 - 2:18 pm)

We went to court last Friday and came to sign another agreement. He now says he will DEFINITELY leave by March 1st...of course he did not pay the monthly amount he had promised earlier since he said that if the issue is him being out, he needs that money for storage, finding a new place, etc. He has been very nice and polite to me, but I still think this is all an act. I do have a signed warrant to evict him, but my attorney says he can always file an order to show cause (which hopefully the judge WON'T sign)...I'm now really really at my wits end and thinking of just leaving the apartment and let the landlady deal with it. I don't want to be mean like that, but she is now telling me that she wants the whole apartment empty. Since I am month to month now, I don't think she can do much to me since my lease is up and I have told her I am leaving next month at this point. It will be cheaper to just leave this behind than paying an attorney who apparently can't get him out quick enough.

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caj111 (Feb 12, 2019 - 6:37 pm)

Good luck. I'll check in again around March 1. Sorry you have to move. I take it your landlady's patience is exhausted with all this. The eviction process in New York City does sounds as bad as it gets. Can I really just rent an apartment, not pay anything after I've paid the first month's rent and security deposit, then not ever pay anything and when the landlord starts the eviction process, I would just file an order to show cause and live there for free? I guess, aside from the frequent court appearances one would have to make, it sounds way too easy to be a squatter in New York City.

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dalocummelioribus (Feb 12, 2019 - 10:30 pm)

Yup -- in fact, if I stop paying rent, she will have to initiate eviction proceedings against BOTH of us...so it could well be several months here rent free. I found a much nicer place though, for only 200$ more per month. If I do sign that lease tomorrow, I will simply stop paying rent at my current place and have the landlady evict us all. Yes, unfortunately, like you say, it IS VERY BENEFICIAL to be a squatter in NYC. It would take her months to kick me out and if she wants to give me grief, I am prepared to fight back. She actually KNEW this was going on and let it go on without ever telling me to stop. She has now changed her tune and wants me to do the dirty work that pertains to her. Ain't happening...I am a nice decent guy, but NOBODY will take advantage of me.

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nonlinearjdmba (Feb 13, 2019 - 4:18 am)

Just read this entire thread. What a disaster. You got steamrolled.

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caj111 (Feb 25, 2019 - 10:57 am)

Well, this is the week he takes the bar exam. Any sign he is truly leaving? Anything new to report?

After reading this and numerous other horror stories, I could never be a landlord or sublessor in NYC.

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dalocummelioribus (Feb 27, 2019 - 10:26 pm)

Ha! Remember when I told all you guys earlier that I never believed he would or could take the bar exam? Well, this past Saturday he comes to me with a story about how his sister (the one you guys read about earlier) has a trial coming up and he decided NOT to take the bar exam! I always knew he was NEVER going to take the exam.

Then, he has gotten boxes -- but what a "coincidence"...he took them out of his room when he heard me come up the stairs. He placed them on the table and said "I won't be packing tonight"...but he still says he will be out by March 1st UNLESS his "doctor" says that some wound on his leg needs surgery. ::Cough:: ::Cough::

So, I personally still think it's all an act...but I am trying to be positive.

On another bizarre note, he texted me 2 days ago saying that he wanted to talk to the landlady about "buying his room" (NO JOKE) and then the next day he told me that I never told him the room had insects that caused him to get scabbies (all lies...that room has ZERO insects). He was quite aggressive in the texts...but I still managed to be calm and nice to him...so today he is being very nice.

Only time will tell (if it doesn't end up killing me in desperation) how this all ends. Meanwhile, caj111, I can say unequivocally, if there is a hell, I hope NYC housing court judges go there.

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dalocummelioribus (Feb 28, 2019 - 8:43 am)

Update as of 2/28 -- I woke up to the sound of him packing his boxes...a VERY GOOD SIGN...and we had a "nice" chat. He showed me pics of his childhood and said he had a messed up childhood...he also gave me one of his books on history. I'm hoping he really does follow through with his agreement to leave by tomorrow...but I am so jaded and cynical at this point that I'll just have to wait and see.

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smilinjackcasey (Feb 28, 2019 - 11:22 am)

I’m going out on a limb here and guessing he fails to honor, well, anything.

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caj111 (Feb 28, 2019 - 1:18 pm)

It ain't over until the fat lady sings, or in this case, until this idiot is out the door and never coming back.

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dalocummelioribus (Feb 28, 2019 - 4:58 pm)

He came to me at lunch time and said he was going to "urgent care" and that he would get back to me as to his status. He returned 3 hours later and asked to speak to me but I was on the phone busy. He went back into his room and is currently hiding in there...hasn't said a word to me yet. Whatever he says, if he's not out tomorrow, back to court. I am NOT giving this up without a major fight and I am going to win sooner or later. I've already emptied out most of the apartment anyway and he will feel even lonelier.

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caj111 (Feb 28, 2019 - 6:11 pm)

Sounds like he is digging in his heels and this is the beginning of a standoff! Oh well, he's going to get hungry soon, can't stay in the room forever, and he will run out of food and have to leave eventually.

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smilinjackcasey (Mar 1, 2019 - 11:02 pm)

March 1st.

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dalocummelioribus (Mar 2, 2019 - 9:32 am)

Latest updates:

On February 28th, he finally packed ALL of his belongings and placed everything in shut sealed boxes in his room...including emptying out his stuff from my living room. On this same day, he received by mail and certified mail the eviction notice -- the eviction is scheduled for March 6th. He knows very well that our stipulation says that any items he leaves will be deemed trash (as per binding court order). On March 6th I can also change the locks.

He did NOT stay over the night and told me he did indeed find a place. I texted him yesterday March 1st to ask about his stuff and he said he would text me today March 2nd in the morning to get the movers come and take his crap.

He has, unfortunately, until Monday or Tuesday to potentially file another order to show cause and then we would be back in court, but as of now, things are looking much better. He even showed me the eviction notice and said "If I were a terrible human being, I'd stay until the 5th, but I'm not going to do that to you".

I will wait and hope this nightmare is finally coming to an end.

LESSON LEARNED, I CANNOT STRESS IT ENOUGH: NEVER BE THE SOLE LEASEHOLDER in NYC IF YOU DECIDE TO GET ROOMMATES. You are on the hook for everything and NY tenant laws are disgustingly pro delinquent, no matter how terrible your tenant is...judges in housing court are repulsive (and so are the laws made in Albany to protect scum) -- if you are going to have roommates, make sure they are on the lease and that the amount they must pay to the landlord is clear -- that way, if they do default, it's on YOUR LANDLORD, not you.

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dalocummelioribus (Mar 3, 2019 - 11:35 am)

Update: He texted me yesterday afternoon saying "movers will have to wait until Monday due to the snow" lmao -- there was no "snow" that would prevent moving yesterday in NYC.

He then texted me in the evening saying "I'm at an AIRBNB and need to discuss with you my physical address versus my permanent address". He called me and said that he needs to use this address for some "housing program" he is participating in or applying to...and then he said "text me that you understand this" - I texted him "ok, got it, received" and he said "so basically I'm living there until I get my lease on Monday lol, thank you for understanding the technicalities". BIZARRE.

He receives SNAP benefits and apparently may get some kind of housing for homeless people, but I am not sure. I also found out that in NYC, a person can even file an order to show cause the SAME DAY that an eviction is scheduled. A truly disgusting system and no wonder they are going to continue making it more and more difficult to rent apartments in this city...even with the most sophisticated background checks, you'll still get deadbeats.

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smilinjackcasey (Mar 3, 2019 - 12:10 pm)

This reminds me of Single White Female.

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caj111 (Mar 4, 2019 - 11:54 am)

So, did the movers come today, now that the snow is not an issue anymore? :) I thought this guy didn't need movers, given how little he had in the way of possessions.

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dalocummelioribus (Mar 4, 2019 - 12:10 pm)

Ha! It snowed a bit this morning although everything is melting away by now but no, no movers and the weirdo hasn't reached out to me yet. I did get a call from my attorney since the Marshal already scheduled locking him out and kicking him out (if he's here) for Wednesday afternoon -- but a lot of things can happen between now and Wednesday. I cannot yet change any locks until the Marshals come anyway and they even contact the tenant 24 hours before to let them now the eviction is scheduled...which of course gives the deadbeat more time to file an order to show cause. What a ridiculous system hell bent on protecting these types of POS.

He doesn't have a lot of stuff - 2 boxes filled with law textbooks, another box full of clothes and shoes that he says he is giving away. He also left his crutches behind and 2 suitcases worth of clothes. A mover would take about 15 minutes to clear his shit out.

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dalocummelioribus (Mar 4, 2019 - 7:02 pm)

UPDATE: He texts me at 4:10pm says: "I wasn't able to get the movers to come. Can you give me the landlords (sic) number to explain" (sic)

My response: "It's ok. When can you get the movers to come though? I am still around checking because I cant leave (unfortunately) until you give me the keys. And if you need to I can put your stuff in storage".

His response: "I'm missing a few things which is what has set me back-for instance the warrant of eviction, has disappeared and some other things-so it's been a nightmare. I'll let you know soon".

Me: "OK well if you need me to put your things in storage that's not a problem. I can do you that favor. Thanks."

His response: "I'd rather talk to her (the landlady he means) Your (sic) a pathological liar lol, hate to break that to you I just want to make sure I'm not being lied to again" (I never lied to him in the first place, but whatever)

My response: "Wow. Sorry you feel that way. Cant do anything about that. And I feel sad you just insulted me."

His response: "It's ok, I have evidence to back up my claims despite how deceitful and clever you think you are. But honestly, I don't think your (sic) a bad person, Jus (sic) caught up in some lies"

Me: "I never saw myself as "clever" but whatever. I'm not here to be judged. It's always some story with you. You do what you have to do. You're always making up some excuse to delay the inevitable."

His response: "It's not an excuse if it's true, but what you just said is an excuse. I'm done, please spare us both your antics Have a good day, I'll get my stuff"

This, ladies and gentlemen, is the psycho I have to deal with. Who knows what he means and what he'll do next!

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caj111 (Mar 4, 2019 - 7:31 pm)

I wonder if there really were any movers in the first place. Why would the landlady talk to him anyway? There's no contract between him and her.

So, theoretically this is over on Wednesday, right?

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dalocummelioribus (Mar 4, 2019 - 7:45 pm)

Exactly -- he should do any explaining to me, not the landlady - she has NO legal (verbal or otherwise) relationship with him, so I DO NOT give him her number and she does NOT want to speak to him at all. If he wants her number so badly, he should knock on her door! Of course, she will refuse to open for him or engage him in any way. He claims I'm supposed to give him that info lol. ASK HER is always my answer.

Of course there were no movers in the first place -- guy is a total deadbeat who can hardly afford a can of beans. Theoretically the Marshal will come on Wednesday, but again this is NYC...meaning, he can still potentially file ANOTHER order to show cause claiming some story about how he needs more time to move and the judge may sign it. This isn't a normal American city where property is respected - you're dealing with judges who were mostly former tenant advocates and they could care less about your losses or whether or not you are a true "landlord" - fact is, the more delinquent you are, the more you will get from housing court. Don't ever get roommates in NYC unless they are on the lease.

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dalocummelioribus (Mar 5, 2019 - 11:41 pm)

HE MOVED ALL HIS STUFF OUT AND HE CALLED ME TO APOLOGIZE FOR HIS INSULTS. As a precaution though, Marshal is now coming tomorrow afternoon to change the locks and after that, he is considered a trespasser if he ever even dares to try to come into my home again.

THANK THE HEAVENS THIS NIGHTMARE IS FINALLY COMING TO AN END.

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wutwutwut (Mar 6, 2019 - 12:51 am)

O
K
!

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jeffm (Mar 6, 2019 - 12:52 am)

Glad to hear it. Lesson learned the hard way...

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caj111 (Mar 6, 2019 - 2:45 pm)

Glad to hear it... tell us when the Marshal finally changes the locks and I can stop obsessively checking this website.

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dalocummelioribus (Mar 6, 2019 - 3:12 pm)

Marshal just came -- locks are changed and I am now officially restored to possession.

Thanks for all your helpful input during that awful and trying period which is now, thankfully, behind me.

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jackofspeed (Mar 7, 2019 - 10:31 am)

Congratulations!

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caj111 (Mar 8, 2019 - 5:08 pm)

Just one more question in this saga... are you still going to move to a new apartment, or will you stay, now that possession has been restored?

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dalocummelioribus (Mar 10, 2019 - 12:16 pm)

I'm staying...partly because of that and the other part because the landlady is not raising my rent or kicking me out for what I did. In fact she says she's impressed how I did it in "record time"! since she's had even worst scenarios with other tenants (including the people downstairs). She even joked about letting me go rent free if I kick out the tenants downstairs. NO THANK YOU...this is not a process I ever ever ever want to experience again let alone go to housing court!

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caj111 (Mar 10, 2019 - 3:18 pm)

Haha, I'd love to hear about that new saga, it would give me a reason to keep coming back to this website

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