Legal Question in Landlord & Tenant Law in New York

He's got another place but won't leave.

My roommate told me he was moving on Dec. 1st/2003. He told me he had put down a deposit plus 3 months rent on a new space. He said later that he needed some extra time to move out his things. This extra time kept extending. Now for the past two weeks into Dec. 2003 he has been coming in and out of the place like he still lives here; he uses his computer, picks up his mail, but moves nothing. I told him I was going to change the locks if he didn't get his things out. Not only did threaten bodliy harm, but he claimed he had legal proof that he still lives here and that whether I like it or not, he's my roommate until he moves every last possesion out. How can he possibly legally live here if he has moved into another place? He pays neither rent nor utilities nor does he stay here. Some points which make this more complicated: 1) we were both on the old lease which expired Oct. 31/ 2003. We had an agreement that if he paid half the damage deposit he'd get his name on the lease. After I got his name on the lease, he never paid.

2) There is no new lease. The landlord is performing renovations on the space and we have agreed that I don't have to pay rent until the construction is over.

This leads into my next question.


Asked on 12/11/03, 11:22 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: He's got another place but won't leave.

This is a tricky situation, with his name on the lease he has a right to live there until the lease expires, if he is on the lease, he is a tenant of the landlord and you do not have the right to evict him, only the landlord does. However if you are paying for the expenses and he is using things in the apartment, you have a right to contribution and can sue him for his failure to contribute.

You cannot change the locks. This would be an illegal eviction and could possibly subject you to criminal prosecution. If you have a good relationship with your landlord, you may want to discuss what is going on and talk about starting an eviction proceeding tell the landlord you will cooperate in anyway they need.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/12/03, 9:35 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: He's got another place but won't leave.

This is a dificult situation. It always is when friends have a financial relationship that ends.

Regarding your question, if there is no new lease, then the best way to handle this is to get a new lease without him on it.

Money is another issue. He must continue to pay his portion of the expenses as long as he is on the lease, whether he lives there or not. You can sue him in court for any such money.

When he does move out, you can accept this as an 'abandonment' and consider him legally gone. (But he still owes on the lease). Then you can change the locks.

You can change the locks now for any legitimate reason, but must give him a key.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/12/03, 12:36 pm


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