Legal Question in Landlord & Tenant Law in New York

I am currently trying to escape an abusive situation with a roommate but my name is on the 12 month lease, doesn't expire until August 2010.

I have been dealing with agressive verbal abuse for months and cannot continue living around her anymore. She is threatening, makes physically threatening hand gestures (pulls back arm as if to strike me, but has never made a physical hit), verbal abuse, emotional stress. Her anger has been elevating and I no longer feel safe. I am unable to ignore her because often time she will approach me when I leave my bedroom (I am scared to goto the kitchen and bathroom). I can not deal with this emotional stress anymore and I need to leave.

I filed a police report for harassment.

I contacted the landlord and discussed my situation, as well as the police report, I was told that "under no circumstances, whatsoever" is a tenant allowed to be removed from the lease. I can not afford to pay rent in two places (I am a college student) and do not want to give money to my abuser. I feel that I have no rights, and that I am being held as a sort of hostage in my own home. Pleas help!


Asked on 11/20/09, 5:50 pm

1 Answer from Attorneys
David Simon Hogan & Rossi

You did the right thing by filing the report. Now go back and let the police know you need an order of protection which will then restrain the roommate and keep her away from the apartment.

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Answered on 11/26/09, 3:56 am


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