In NY, how long one needs to not pay rent to get evicted and for the Marshall to come and take over? Thanks.?

Question

At the beginning of July I moved into two-bedroom share, splitting the rent with a stranger who has the lease. I paid 1.5 rent security and was not the party that did the credit check.

Yesterday they slipped the open rent letter under the door. The guy owes three-months' rent - four, if August counted.

A friend wrote: "You need to find another place ASAP. Whoever you are renting a room from, are on they way to getting evicted. They owe 3 months rent already. Apparently, whatever money you are paying, is not going towards the rent for the apartment. Once they get evicted YOU are going be on the streets. If the Marshals get to the apartment and padlock it you will loose all your possessions."

So, what is the real risk I am running? What would be the best course of action? Shall I discuss the situation with the roommate? What are my rights and where can I find pro bono legal advice?

I haven't signed any papers, but have proof of paying first month's rent and 1.5 security deposit.

Answer 1

if you need to buy time , just make sure you show up to the court hearings and express your need for TIME to move.

as for legal advice- go down to you local courts financial aide office- they will make you fill out a bunch of paper work to determine if you qualify for free legal council...but honestly in your situatiuon with or without council - the out come will probley be the same.

Like i said before the most important thing to do is show up at a hearing. chances are - the person you are sharing rent with does not even have the right to sub lease his part in the apartment to you- and chances are the landlord does not know you are there , so in the courts eyes- if he is that far behind - they can definately have a marshall there in usually

about 40 days to lock him (and you) out of the apartment while throwing your belongings to the curb, it all depends on situation but 15 days late is reason for eviction- from there on there is usually a addittional 30 days given to move (NTQ)

- but your roommate has overdone it with non payment anyway you look at it.

Once the case is in the courts- they may offer a settlement is agreed to by the landlord, that may include a partial payment towards back rent to continue the lease- or another month to move out, the landlord may push for physical eviction to throw your stuff out on the street....but - if the landlord does not know you are residing there - but you let the courts know you live there- they will most likely continue the case (buying you more time) and allowing you time to present your case, another thing that may allow you to mediate rent payments and time would be if anyone residing in the house has kids, or experienced something such as a job loss or temp welfare. A mediator may even offer you the lease on the apartment if the landlord agrees.

without your name on the lease you will be overlooked as a resident, and that puts alot of stress on you to move quickly because of someone elses stupidity!!! So definately make some kind of contact to the court letting them know you are residing there and would be helpfull if you rty to mediate the case.