Is my roommate scamming me?

Why the fuck would the landlord kick you out or raise the rent during this pandemic?? Go to the landlord.

Sounds odd. The objection to letting someone break a lease is that the landlord will lose money. But your roommate already found you to presumably take over the lease.

It's possible he's telling you the truth, but you need to ask more questions and you need to see the lease.

If he can't give you a straight answer then you're right, he's bullshitting you.

You gave him a chance to be straight with you and he blew it. Time to work directly with the landlord.

You've been living with him for five years.

How long was his original lease? Typically a lease is one year then shifts to month-to-month. He's probably been on month-to-month all this time and there is no lease to break.

Him not giving you straight answers is a major red flag. I suspect there's no lease to break, and he'll pocket your and the new roommate's money for a couple months until the landlord figures it out and you're holding the bag.

You'd be wise to speak directly with the landlord at this point.

Good luck!

What city do you live in, OP?

Sorry, it makes a difference.

I'd bet he is charging you more for rent. You're probably not paying 50% of the rent. You are probably paying more than that

That's why he doesn't want to tell you how much the rent is. He doesn't want you to find out you are paying 60% or 70% of the rent while he's paying 30 to 40% of the rent

I had a piece of shit do this to me

Just think OP, if you're paying 100% of the rent you won't even need to advertise for a new roommate!

0/10

How big is his dick?

As a landlord, I can tell you this is going to end badly. What you're leaving yourself open to is this: you and the new roommate will pay your rent to him, he'll pocket the cash, not pay the landlord, the landlord will file eviction after The Rona mess is over, and you won't know there's anything wrong until the sheriff shows up at your door to move your stuff out into the street. Insist on paying the landlord yourself, or tell him you're moving. And do it. Most states prohibit the master tenant from charging any more than half of the actual rent to a roommate (or a third, or quarter, depending on the number of occupants. Good Luck

You've lived in an apartment for 5 years without having your name on the lease or having any legal protections?

That's just foolish.

I would call the landlord and tell him you have been paying rent for 5 years and the named tenant is moving out. Ask to have your name put on the lease.

OP, you may find that the owner hasn’t been paid for months as it is! That’s my guess. Write back when you know, and tell me know how smart I am!

Your roommate is either an idiot or he’s trying to pull something. Nobody who was leaving would want this entanglement when he can simply formerly or informally transfer the lease to you.

If he previously prepaid lasts month’s rent or a security deposit, you have to figure out if any of that belongs to you. Yeah, I’m sure of it now, he’s already behind on the rent. And he’s pocketed what you’ve given him.

After five years together, would he do this?

What loyalties does the landlord have if OP is not on the lease?

r5 Good old Brooklyn.

r6 Oh, I know I am paying more than him. But it's still a decent price considering the location and size of the room. I think he could have charged more actually.

[quote]Insist on paying the landlord yourself, or tell him you're moving. And do it.

r10 I think I'm going to tell my roommate this tomorrow, so he can tell me the name/number of the landlord, which I actually don't even know. I've decided I don't want my roommate as the middleman to be the option.

Thanks y'all. I'll let you know what happens.

I sublet a garage apartment from another renter (who lived in the actual house). I found out that the renter (who I was paying) was getting a great deal from the elderly couple who owned the house and that, comparatively, I was paying quite a bit of rent. Oh, well. The sad part was that I had a roommate in this garage apartment. My roommate's sibling was the actual renter. My roommate was upset when he found out how much the total rent was.

You can find out the name of the owner online in nyc it's public record.

You should definitely find out from the landlord how much it costs and ask to take over the lease without penalty to your roomate if your roomate is making money off you.

You don’t need him if you’re going to all the trouble to find a new roomie. He should pay YOU for helping him break his lease early and finding a new roomie.

Do not under any circumstances do that. The lease is in his name, you are not on it (so you said). He is 100% responsible for the rent. He does not want to lose his deposit or be charged for the remainder of the rent. You literally have no rights - he could change the locks, and kick you out. Since he told you he is moving, tell him you will think about it and work like the devil to find another place to live, then when you do, tell him, you are moving out. Since your name is not on the lease and you have nothing with your name on it - you are good. TLDR version - fuck him over first before he can fuck you over.

You do have rights as a tenant, lease or no lease. You live there. You cannot just be shown the door and told to leave by anyone, including the landlord.

Find out who the landlord is and discuss the situation with him. Do this on your own. Do not let your roommate introduce you or give you the phone number, because God only knows who you'd actually be talking to.

The roommate's story stinks to high heaven.

I would advise against calling the landlord for a few reasons. If he finds out the renter had been subletting /renting a room he might just kick you both out. He could also be sweet as pie and say sure and hike up the rent since you have no idea what the total rent is or he could ask you how much you are paying and then realize his Tennant has been making money off renting a room and hike the rent and kick you both out.

The landlord owes you nothing really because you are not his Tennant, you are his Tennant's Tennant. It might even void his lease if you tell him you have been living there five years. My best advice is GTFO. Find a new place fast.

GoFundMes do rather well around here for some if you're in a bind for a place.

OP yes you are being taken advantage of.

You can't be evicted in NYC right now, don't pay rent. Since he fucked you over for 5 years, it's time for pay back.

I would find a place fast, should be easy and lots of options, maybe even better than what you have right now.

r21 here - okay I consulted a lawyer friend via IM - he said not 100% sure in NY but in general - you cannot be evicted. You are considered a tenant under the law because you pay rent, even if the Subletter has a lease that forbids it. The landlord cannot kick you out - so perhaps you should reach out to the landlord and find out the rent. Ask other tenants there who the landlord is or look it up via public records. He/she may in fact appreciate it since you would save them the hassle of trying to rent it again. especially these times. If he is moving fine, but tell him you would feel more comfortable talking to the landlord directly and getting all the information needed to get the lease in your name.

I can't believe you never asked your roommate the rent for apt when you moved in...not smart!

I rented a room when I was in college and my roommate showed me her lease, etc, everything was clear and transparent.

R17 Almost all rental property is held by a LLC, with each property being held by a different LLC, in which case you would see the name of the company, but not the actual physical owner.

He's screwing you and now he's trying to screw someone else. I'm sure he's pocketed quite a bit of money off of you over the last 5 years.

Okay, R15. Good old Brooklyn.

Now, is the apartment Stabilized?

[quote] OP, you may find that the owner hasn’t been paid for months as it is! That’s my guess.

That's possible but my guess is, the roommate has been charging OP more than 50 percent of the rent and now wants OP to get a new roommate who will also pay more than 50 percent of the rent. Meanwhile, former roommate will continue to pay the building owner the actual rent while pocketing the extra. Or worse yet, as others have suggested, he may be planning to pocket all the rent money for as long as he can until the owner manages to evict OP and his new roommate. (This scenario strikes me as less likely since former roommate is the lease holder and would be the one with the eviction and unpaid months of rent on his record, but maybe he's a total fuck up and doesn't care.)

Whatever the case, OP, you definitely should either get the lease transferred to your name or move out.

I am telling you, it's called squatter's rights. Once you have lived in a room, apt etc for 30 days, you cannot be kicked out. The owner would have to go to court to evict you. This law applies in many states including NY. Eviction process can take months.

Be careful who you invite into your house/apt.

In NYC, there is a number you can call to find out if your building is rent controlled or stabilized etc. Check dept of buildings website for number.

No way OP. Any landlord will let a lessee out of a lease if someone can take over. He’s probably subletting to you illegally. Or has been making you pay the lions share of the rent. Or something equally opportunistic. Get him out while you can.

R9 Big, really big

Is he bigger than you?

OP: Take your question to the forum at TenantNet.com

Good luck.

But keep us posted!

[quote] I am telling you, it's called squatter's rights. Once you have lived in a room, apt etc for 30 days, you cannot be kicked out. The owner would have to go to court to evict you. This law applies in many states including NY. Eviction process can take months.

Not everybody wants to live as a squatter.

Ask another tenant for the LL info. 🤷‍♂️

I'm a landlord in CA and in order to evict someone you 1) post a legal notice on the door provided and signed by an attorney and 2) the lawyer for the landlord will also mail a copy of the Termination of Rental Agreement. In any event, these notices are required by law to be delivered to the residence. Since you do not have a lease the process may be different, but it's possible you might be allowed to stay if you make up the rent owed and sign a lease. It's possible the landlord could sue your roommate for breaking the lease and nonpayment of rent.

You are in risky legal territory. It might be a good idea to consult with a real estate attorney who deals in evictions about your rights. That might cost $150 to $300 for the consultation. An attorney I use charges $280 an hour but the consultation may take more or less time and she prorates the cost if less time is needed.

Another thing you can do is to search for market rates in your neighborhood. You may find you're paying market rate or more or less. That might ease your mind about being ripped off if it's market rate or lower. The link below shows market rates for Brooklyn, check it out.

I had the very same issue a number of years ago. I only found out at the end the Landlord had no idea I existed and that my flatmate had sublet to me. Flatmate was having me pay more than half the rent even though their stuff took up most of the apartment.

Post a photo of your cunt roomate or link their instagram.

Here's another helpful link. The advice is free.

I have a spare room - call me!

what's the update OP?

What r1 said! Just go to the landlord yourself.

Remember that the landlord can raise the rent more for a new tenant than for a continuing tenant. So it is in his interest to have the apartment turn over.

However, if the current renter has not violated the lease in any way, the landlord cannot just terminate it. And it does not sound as if he has violated the terms of the lease. Even if he moves out, he is allowed to sublet for something like three out of five years.

Since the landlord does not seem to have any reason to terminate his lease, I do not know what you have to gain from going to him

If the landlord doesn’t know you’re there and the lease is in your roommate’s name then if you don’t pay your share it falls on his credit. Not yours. Tell him to stop bullshitting you or you won’t pay at all and he will be stuck with the bill.

OP here. Still figuring it out. I spoke with a neighbor whose husband's a lawyer, and they told me the landlord is useless because he's in his 90s and that this other woman, a real estate broker, is actually in charge. She works with the landlord's kids to collect rent, or something like that. My neighbor said not to fuck with her either since she doesn't know who I am and everything would have to go through my roommate anyway. So I asked my roommate about all this and again he told me it would be easier to funnel all payments through him until his lease is up. Considering the family circus operating this building, I think he might be telling the truth. However, he suggested I charge the new roommate the same rent I pay which didn't make sense since my room is much bigger. So I threatened to move out by July if I couldn't have the lease transferred over to my name... and he agreed to do it! He seemed kind of relieved actually. Or maybe he was covering up. I found out the total rent of the apartment, and if he's telling the truth, this apartment is DIRT cheap. I've only been paying 10% more than him. He said he suggested I charge the new roommate the same rent as me because then I could end up paying less like he had been. Basically he was teaching me how to scam someone else... lol. It was an awkward moment.

Sorry if this is ESTy. The TLDR version is: I'm still not believing anything until I have a document to sign, but I hope it works out. Lots of unanswered questions still.

He should be pleased you are taking over the lease, he is officially on the hook for the rent during the length of the lease since it is his name on it. You had the power.

Glad to see this work out, looks like you both got what you wanted.

Thanks for the follow up, OP. Interesting. It's possible they may raise the rent with the transfer. Regarding charging a new roommate the same as your rate, I'm not sure that qualifies as a scam. It's done all the time. No one is simply covering owner expenses, renters pay more than that. Value is relative, depending on other factor.s like supply and demand.

OP finding a new roommate might be difficult right now given the situation, something to keep in mind.

I live in West Hollywood where rents are as we all know is rent very, very expensive. I’ve been living in a rent controlled apartment for over 20 years so my rent is very cheap. A few years back I rented the 2nd bedroom/2nd bath, plus parking for $800. My new roommate was new to LA and didn’t own a piece of furniture and was once he moved in he was sleeping on an air mattress and kept his clothes in Ikea bags. So I went out a furnished it with stuff my mom didn’t need anymore, a proper bed, desk, dresser etc. After a few months he asked my what the original rent was, I told him it wasn’t any of his business, he agreed $800 and that’s his rent (BTW, the total rent was actually $1400, so he was paying $200 more than I was). He got really pissed off because he knew it wasn’t an equal 50/50 split, mind you at the time the going rent in my building was $3200 for the exact unit as ours. So he was benefiting from my many years of living there.

After a few more months he gave his notice and moved into a studio apartment by himself, w/out parking, in a shitty part of Hollywood for $1500 and moved out with his air mattress. Some people don’t know a good deal when they see one.

Also OP, I know that here in LA if the original renter moves out and the roommate wants to stay, the landlord can raise your rent to market value, and in my building they usually do.

Lastly do pay your roommate with a check or cash? Hopefully a check this way you can prove you’ve lived there for the past 5 years if things get messy.

Good luck

You need to see the lease AND you need to arrange it so YOU make the rent payments. DO NOT give him your rent money once he moves away. The landlord will most likely happy to facilitate. He wants to keep that space rented.

[Quote]moved into a studio apartment by himself, w/out parking, in a shitty part of Hollywood for $1500 and moved out with his air mattress. Some people don’t know a good deal when they see one

But now he lives alone. That probably was his plan all along, the roommate being a temporary thing while he gets on his feet.

How does the lease transfer work in NYC - don't agents charge a finders fee for everything? Is this woman going to get a finders a fee?

[quote]Is my roommate scamming me?

Oh, probably. But who really cares?

She is a management agent not a real estate agent. No owner collects an agent fee.

OP, let us know what happens.

When my twin sister was in college, she had a senile, or timid, landlady, and went years without paying rent. I would never have done such a thing, myself. Now that I’m older and cynical and could imagine doing such a thing, I don’t need to and can’t be bothered.

There was a building in Greenpoint that was zoned commercial, but the landlord rented it out as residential. One of the tenants realized that if he stopped paying rent the landlord could not have him evicted without revealing that he was in violation of zoning laws.

The landlord could not do anything, so the tenant continued to stay on. Eventually a lot of other people figured this out and stopped paying rent. Eventually the building was rezoned so he could evict people---but a number had been there for years.

You’ve lived like this with this person for 5 years and only now you’re realizing he’s “sketchy?”

OP: Is the apartment under rent regulation (either rent-control or stabilized) or is it free market? How many apartments in the building?

The legal tenant/lessee (your roommate) from whom you are renting cannot just arbitrarily reassign the lease to you. New York City rent law has many provisions in place for your protection, and the covid-19 situation has necessitated NYS issuing a virtual halt to landlord/tenant legal proceedings and evictions.

As I advised upthread, consult the experienced host and participants at the tenant forum. The Curbed NYC website is also well-informed and very helpful.

OP: Why oh why did you confide in a neighbor whose "husband is a lawyer?" As a tenant you should consult only tenant-representative attorneys; a pro-landlord lawyer will take your money, throw you under the bus, and then take the landlord and judge to lunch to celebrate their victory.

Good luck.

Find a new place to live and don't let him know until moving day. You aren't on a lease, so...

r52 This is why I'm trying to hold onto the apartment. I have lived in New York for 10 years and know a good thing when I see it. Anywhere else I'd be paying much more and get much less.

r61 When you are living in the worst kind toxic situation, you will do what you can to get out. This apartment became my sanctuary. The rent for the room is below market value and I don't pay utilities, so it became comfortable to pay the same thing every month. I could tolerate that level of sketchiness, but not when the roommate moves out and he asks me to fork over twice the rent to him.

r62 I think it's rent-regulated in some way because it's located in a historic district, around 8-10 units in the building. I would share tasteful pictures, but I have no sense of decoration. It's quite possible the lease is not reassigned to me, but then my roommate is responsible. He's leaving either way though, so I guess we'll see what happens. I haven't thrown out the option of moving out either. Thanks for the advice. I've been using Curbed, but TenantNet.com is a broken link.

Who'd have thought DL would prove to be so kind?

You think I keep an eye on every crawly who comes in here? I’m not interested. I gotta daughter married big-big!

I think you may be a troll since anyone who has lived in NYC for 10 years would be able to identify if an apartment falls under rent stabilization.

But if you are not, here are the requirements for stabilization:

The building was constructed before 1974

The building has six or more units

The rent is less than $2,700 a month. Once rent reaches this limit, the rent stabilization pricing may end.

The renter earns less than $200,00 a year. If the renter earns more than $200,000 for two years in a row, the landlord can deregulate rent and increase it to market standards.

If the landlord will not provide you a copy of the lease, then it has not been reassigned to you.

The usual move, to save you from a rent increase would be to put you on a shared lease with the current tenant and then take him off after a year. (Although a landlord could increase the rent as if there were a new tenant when the names on the lease are changed, many do not.)

[quote]After a few more months he gave his notice and moved into a studio apartment by himself, w/out parking, in a shitty part of Hollywood for $1500 and moved out with his air mattress. Some people don’t know a good deal when they see one.

I bet you stand over your roommates for hours watching them sleep. Have "accidental" robe slips. Play Gilbert and Sullivan at full volume.

[quote]Who'd have thought DL would prove to be so kind?

It's early.

Just ask Pattifan.

I am being kicked out of my apartment :( I have lived here almost 6 years and am devastated. Trying to put up a fight, but the landlord's assistant said his "granddaughter wants it." What kind of a cunt starts their trendy Brooklyn life in the middle of a pandemic? In reality this place will sit empty until they get around to renovating the shit out of it to double the price. I should refuse to leave.

So sorry OP. That happened to me. I was evicted because the new owner wanted my awesome rent-controlled apartment for her daughter. Whether the daughter lived there for long, or at all, I don't know because it was one of the few legal reasons you could get to evict people at the time.

I did end up in a much better place and stayed there for 8 years. A small charming Victorian house that belonged to my sister's friend (was their grandmothers before it became a rental). The former tenant was an alcoholic who trashed the place, they just wanted someone they know was clean, reliable, and paid the rent on time.

I hope you find a better situation, too.

R70 oh well landlord does what he wants if you have no lease, good luck finding a new place.

Depending upon how bad Covid is in your area, check the obituaries.

R70, nobody can be evicted per Cuomo! call a lawyer! or legal aid etc!

Good luck!

R70, nobody can be evicted per Cuomo! call a lawyer! or legal aid etc!

Good luck!

what's the update OP? Are you ok?

Yes, it was a hellish couple weeks trying to figure out where to move in the middle of the pandemic. Every day I thought I was going somewhere different. BUT a very fancy new place came along in a much nicer, dare I say tasteful, NYC neighborhood. I'm glad I chose not to secretly funnel the rent through my roommate, and he was actually kind of sentimental when we parted ways. It felt so good to sign an actual lease this time and get rid of so much junk. Also, I had the opportunity to cuss out the building manager who forced me out of the last place. So no complaints here! Consider this thread closed.

Happy Ending!

[quote] r13: OP, you may find that the owner hasn’t been paid for months as it is! That’s my guess. Write back when you know, and tell me know how smart I am!

Sounds like the roommate could have been worse, I gather I was wrong, after all, about thinking that he was behind in his share of the rental payment to the landlord, and stuck you with the back rent, right?

I once had that kind situation. I once moved from out of state, into a rental with a roommate who’d been living there for 5 years when I moved in, so he had a stable history. I was put on the lease, meaning we were both mutually responsible for the full rental payment, even though it’s a rental clause that can be hard to enforce. My roommate and I sent separate checks to the landlord. Then I learned that he was a recovering coke addict, and then he lapsed.

I then learned that he was months behind in paying his share of the rent. I begged and nagged him to catch up with the rent, which he then did. I asked the landlord to keep me advised if he ever did that again, so I could take care of it, and he said he would. Some more months later, and my roommate moved out with no notice to me or the landlord, and was again, months behind in his share of the rent.

I told the landlord, that I would pay my now, former, roommate’s back-rent, and the rent in full through the end of the lease, now only 3 months away, if he allowed me to move into the just refurbished apartment above mine, paying market rate for it, at the end of my current lease. I figured that he was going to have to find a tenant for that unit anyway, and I could leave at the end of my lease anyway, that it was a no-brainer for him. He said that was fine. I wrote him a check for the back rent.

I later, again, spoke with the landlord, and he informed me that I could stay in my current unit after the current lease-period ended, but he wasn’t going to let me move into the unit above, despite my offering market rate payment; his prior agreement to allow me to do so; and his failure to honor his agreement to let me know that the roommate had stopped paying his share of the rent, that I later paid.

So, of course I was pissed. It had been more than 2 weeks since I paid my landlord the roommate’s back-rent, and I assumed that the check had already cleared, but I called my bank anyway. I was still using my out-of-state bank at the time, and in those days, I learned, interstate checks took especially long to clear. It hasn’t cleared yet, but the bank estimated it would be any day, so I didn’t have the opportunity to sleep on it. I decided right then to “stop payment” on the check.

Shortly thereafter, I got a call from a realtor who was pissed because they had just tried to enter my apartment while I was at work, and they found that I had changed the lock. I still recall their lack of self-awareness when they angrily scolded me, “this is a business”. The reason being is that their “business” was also my “home”, and they hadn’t given advance notice for the visit as require by law. I did allow them in, when I was present, soon after.

I stayed through the end of the lease, not paying the back-rent or anything more, and the landlord had to rent-out two units instead of one. All because he didn’t keep his word. So, I also had the satisfaction that OP felt, when he cussed-out his building manager.