Our over tenant has tried to push us out of our studio apartment during the COVID 19 crisis in NYC. We have refused to leave on the grounds that we have no balance with them and cannot be evicted if there was non payment as the governor has halted evictions. They communicated that they are leaving their apartment and moving back in, that they are struggling and are being asked to leave their own living situation and will be living with us.
This communication comes after our over tenant explained that they wanted us to sign an agreement saying we would be out by the 30th and they were leaving NYC to be with family and the landlord wanted their broker to show the apartment ASAP. So we are thoroughly confused as to the 180.
This is a small studio apartment that my husband and I share and we feel incredibly uncomfortable with her living with us, however are unsure if she is allowed to become a roommate without our consent, as she is on the lease.
We are sending her a message saying we do not agree to a roommate agreement and will call 911 or 311 if she attempts to enter the apartment without our permission.
What do we do?
All evictions are stayed due to the Coronavirus. If the tenant returns to the apartment, you can contact the police and inquire about filing an emergency action in housing court.
Your overtenant does not have the right to resume occupancy. If there is any attempt made call 911 immediately. You do not have to vacate your apartment unless ordered to by a Housing Court judge. Under current conditions, that would most probably take at least 5-8 months.
Dear Brooklyn Tenant
I gather you subleased the apartment. Usually there is a written agreement. Always for the duration of the entire sublease the subtenant is entitled to exclusive use and possession of the apartment.
That means the tenant has no legal power to exclude you from possession or occupy the apartment.
You are entitled to call police should they try to break into the apartment. You may consider adding a security chain on the entrance door.
