Tips on evicting...?- Page 2

[AEA AGMA SM]

Posted: 4/17/12 at 4:54pm

Do you have him signed to any sort of formal sublet agreement? Obviously a verbal and/or "handshake" agreement is going to be much harder to enforce and you will definitely need to get a lawyer involved.

Also, make sure that you are not going to get in trouble for subletting. I have seen a good number of lease agreements that prohibit subletting and state that any "visitor" who stays over a certain period of time legally needs to be signed to the lease (in order to protect the actual landlord).

[iluvtheatertrash]

Posted: 4/17/12 at 5:07pm

The landlord knows he's here and is fine with it, but I'd prefer to not make my mistake his responsibility.

Yes, we have a signed agreement that states he must have 30 days notice, which I told him I was willing to give, though he claims its still not enough. Sounds like a personal problem.

[SNAFU]

Posted: 4/17/12 at 5:18pm

Wait, if he only offers "Outcalls" that means he travels to them.

[iluvtheatertrash]

Posted: 4/17/12 at 8:09pm

I meant in-calls sorry. I'm a little worked up and so ranting while I type. I'm so tempted to post the link but am afraid that could open another can of worms. Do I have a right to share the link?

I was told that I need to go the post office and send him a certified letter stating he has 30 days to vacate the apartment. After 30 days, the locks will be changed. Any items left inside are subject to additional pro-rated rent (or are forfeited).

Anyone think I should get that notarized?

[TheatreDiva90016]

Posted: 4/17/12 at 8:33pm

Always

[iluvtheatertrash]

Posted: 4/17/12 at 9:55pm

Thanks for the advice (and laughs), everyone. What an awful, awful today. I need a drink.

[Taryn]

Posted: 4/18/12 at 3:58am

For a lawful eviction, you have to file with the county clerk if he doesn't respond to a certified letter. You can't change the locks on your own. Only a law enforcement official -- I think it's a marshal -- can actually evict the tenant on the day. I think it's actually illegal for anyone else to change the locks.

Anyways, I just know that NYC housing law is crazy. It'd be best to get some professional advice.

[Mister Matt]

Posted: 4/18/12 at 10:52am

Be sure to print out the reviews in case he has them (and his profile) deleted from the website. Depending what the reviews and website say, that could be proof enough of illegal activity which is all you need to get him out whether he wants to leave or not.

[ErikJ972]

Posted: 4/18/12 at 11:11am

This is currently the most riveting thread on BWW. It would definitely be more riveting if you posted the link.

Seriously though...I hope it works out. Went through a similar situation a couple years ago here and I know how stressful it can be.

[madbrian]

Posted: 4/18/12 at 11:14am

But if he's advertising massage, there's nothing illegal there.

[ErikJ972]

Posted: 4/18/12 at 11:23am

Well..depending on what site the ad is posted, how it's worded, and what the reviews say, it could be implied that it's more than just massage.

Updated On: 4/18/12 at 11:23 AM

[iluvtheatertrash]

Posted: 4/18/12 at 11:44am

It's billed as an erotic massage with mutual touching in the nude. And the client "testimonials" talk about 4-handed massage, laying on your back for a midday extravaganza, and going between the legs. It's all there and very clear.

Thanks everyone for the advice. I was hoping to not have to deal with a lawyer or the police, but that's looking unlikely. According to 232-A, B and C I only need to provide him with 30 days and with no reasoning by law. He doesn't seem to want to listen to that.

[JerseyGirl2]

Posted: 4/18/12 at 11:49am

Can't you just try to scare him? Say, "Look, I don't want to bring the police into this, but we both know what's going on and I have a lot of evidence. Let's just do it the simple way and you move out within 30 days?"

[iluvtheatertrash]

Posted: 4/18/12 at 12:03pm

I tried that yesterday and he dared me to call them as if he's not even afraid. Sadly, I think writing about it isn't enough. But the law stands that I can give him 30 days without any reason. If he wants to put up a fight, he can. He'll lose. But he'll waste my time and money doing so.

[Mister Matt]

Posted: 4/18/12 at 12:41pm

I always find it odd that people would want to remain in a hostile living environment, but if he's just not being immature and reactionary, then he could be sociopathic, which is all the more reason to get him OUT.

[Kevn520]

Posted: 4/18/12 at 12:47pm

I hope things work out and don't get too messy for you.

[ErikJ972]

Posted: 4/18/12 at 1:10pm

I know life makes this easier said than done..but is there anyway you can be around more to make it difficult for him to conduct his business there? If he can't make the money where he's living he might be motivated to leave.

[harris007]

Posted: 4/18/12 at 1:11pm

Trash

You need to contact your landlord and the police now.


1) . If for some reason your roomie gets busted by a cop in your place
You can technally be charged as accessory and the landlord too.
Because you didn't tell them.

2) if nothing else for your own safety. If he's having tricks come to your
Place ,what happens if one of his tricks for a bad and desides to
Kill him and then wait around to see if anyone else comes home and kills you too.
Cus ya know nobody ever kills hookets,just ask those 5 girls in London in the 1800's

Updated On: 4/18/12 at 01:11 PM

[StockardFan]

Posted: 4/18/12 at 1:17pm

I agree 100% with Harris. You need to get him out of there ASAP whichever way possible.

[Jilani]

Posted: 4/18/12 at 2:12pm

And the client "testimonials" talk about 4-handed massage

Wouldn't that require a second "masseur"? Does this mean he has an accomplice?

[iluvtheatertrash]

Posted: 4/18/12 at 2:50pm

I think it was his boyfriend. Some developments - he has said he'll leave, but has asked for May 31st. I want him out now. I told him that I'd give him to May 15th and that's it, otherwise I'm calling the police. So I'm going to get him to sign a paper saying he'll be out by then.

To tell the truth, though, I am leaning towards contacting the police. My concern is that I don't have real proof, besides the masseur ads that I've printed out.

[SonofMammaMiaSam]

Posted: 4/18/12 at 3:01pm

Nanny cam!

[iluvtheatertrash]

Posted: 4/18/12 at 3:07pm

But isn't that technically entrapment?

[Reginald Tresilian]

Posted: 4/18/12 at 3:25pm

Maybe on that paper he'll be signing he should include something saying that he won't conduct any business on the premises until the time he leaves.

If he refuses, then I think maybe you should contact the police anyway and let them tell you what's possible and what isn't. If they say they can't do anything, or he hasn't broken any laws (yet), at least you'll have gone on record as having given them the information.

[iluvtheatertrash]

Posted: 4/18/12 at 3:38pm

Great idea, Reginald! Thank you!