Legal Question in Landlord & Tenant Law in New York

No pay electric, changed lock

My roommate hadn't payed his portion of the electric bill for about four months and let a disconnect notice expire on the account. I changed the lock. He brought the cops over. I gave him a key. He was already in the process of moving. He has been asking nieghbors if they will testify against me. Does he have a case?


Asked on 11/04/03, 7:11 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: No pay electric, changed lock

Yes. As long as he had a lease, or at least possession of the apartment and there had been no order of eviction, you could not lawfully deny him access to the apartment which is what you did by changing the lock. That he failed to pay a portion of an electric bill is not a defense to an illegal eviciton. You should have sued him in small claims court for the difference.

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Answered on 11/05/03, 8:34 am


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