Legal Question in Landlord & Tenant Law in New York
''roommates''
My roommate has ceased paying rent, but her stuff is still here which impeads me from renting the room out. What can i do? Am i able to change the locks and get rid of her stuff?
2 Answers from Attorneys
Re: ''roommates''
Roomates can be difficult. Getting rid of her stuff is considered a 'self-help' remedy, and that is forbidden by law.
The exception is when she has abandoned the apartment. Then the property is abandoned and becomes yours to do with as you please.
If the property has some re-sale value, then you should sell it and keep a record of the sale. If it is junk, then you can make an inventory and toss it out.
Abandonment is more than just not paying rent. Did she move out? Is she living somewhere else (other than with her parents)? If she moves out other than to her parents and has stopped paying rent, then 60 days after she is gone she has abandoned the apartment.
If she has not abandoned, then please contact me and I can secure your legal right to have someone help you pay the rent.
Re: ''roommates''
Unfortunately once someone is permited to reside in your apartment the only way you can legally get them out (absent their voluntary departure) is to serve legal notice and initiate an eviction proceeding in Housing Court. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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