I've helped him pay rent while I was working which accounts for maybe half the time we've stayed here. I live in Manhattan. I'm not on the lease, only him. I get mail delivered here in my name. My credit card bill come to address, taxes have this address down, and other things. I just recently got employed again so I have to l save up to move in time.
Dear Manhattan Resident:
Until the tenant figures out that he is powerless to make you move out simply because he wants you to do so, stay in place and secure your legal counsel to make it as difficult as possible.
Technically, your legal status is described as an "occupant" or as a "roommate." That protected status requires that the tenant follow certain legal procedures before setting up and starting an eviction proceeding. If you paid rent (that will be among the defenses you raise if the tenant does not give proper legal notice) and you lived in the apartment more than 2 years (you say at least 3 years) you are entitled to a minimum 90 days notice before ending your occupancy rights. That notice is considered a form of legal process. Service on you is made in a manner authorized by a statute. Usually, that will entail hiring a process server.
When you get into Housing Court, a Judge has power to delay an eviction up to one year in certain circumstances, so you surely do not want to get out before you have a chance to take advantage of the protections guaranteed to you by law.
I have forty three years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
Mr. Smollens is 100% correct but personally, I could not imagine you wanting to extend your stay any longer than needed. Maybe if your ex finds out how hard (and expensive) it could be to get you out he'd be willing to offer some financial assistance to make it easier for you to do so.
If you vote my answer as best an angel will get her wings. Also, I'm only two best answers away from getting a free Subway Sandwich! I may be guessing or not licensed in your state so don't rely upon anything I say. No attorney/client relationship exists. Please do not email me privately in response to my answers here - I have no idea which post you're following-up with! Who reads these disclaimers anyway? If you're reading this, let me know because I'm curious. Did you know that a watched pot never boils and that a stitch in time saves nine? Or that a rolling stone gathers no moss? Honestly, I am surprised that you are still reading this disclaimer. Personally, I normally don’t pay much attention to these things. I am impressed and I commend you for taking the time. I never actually anticipated anyone would ever get this far into my disclaimer and I only wish I had something more meaningful to say. Thank you for bearing with me and for sticking it out to the end.
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