Legal Question in Landlord & Tenant Law in New York

Here's the situation, my ex-roomate didn't help pay for any utilities, take a shower for the 3 months he lived here, and along that, didn't wash his clothes for the 3 months he lived here. He stunk, badly. My ex-BF also lived with us at the time and he's witness to several short and harsh comments the roomie had said to and about me behind my back. I always asked if he could do something, not in a nagging way but i'm a pretty nice person. "Hey, is it possible to wash your clothes pretty soon? The washer and dryer are empty and not to be mean, but I don't find it pleasent to leave dirty.. and smelly laundry infront of the washer." After one time of asking him, he said he expected me to do it. I finally had it, my ex-BF too. I gave the roomie notice on Nov. 10th that he has until Nov. 30th to move out, or until Dec. 15th with half rent payed.

(Note that his rent went to the apartment upstairs because he used a room that was originally part of the upstairs apartment but connected to mine)

He ended up leaving Nov. 30th with no notice to the lady renting upstairs, or myself and left one morning before I woke up.

I had to explain how partial rent would not be paid to the upstairs tenant. The day before rent was due.

Anyway. Ex-roomie left 15 PS3 games here, along with misc kitchen suplies. He has said no word to me to this day, it is now Feb 10th. Another friend of mine texted me asking if he could pick up ex-roomies games for him (ex-roomie contacted him to do so, I recived nothing about this). since it is now two and a half months later since he moved out, and a month and a half later since the 30 day notice concerning his things, What should I do and what can I do?


Asked on 2/10/12, 12:47 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

First, don't release the items to another person unless and until your ex roommate places his consent in writing.

Second, you can get sued if you don't release the games to your roommate.

Third, sue your ex roommate for the unpaid rent.

If you withhold the games, he can counterclaim for the games as you sue for the rent. The court will determine how much he owes (if any) and if he abandoned the games.

Also Licensed in New York and Practicing in NYC and Long Island.

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Answered on 2/10/12, 1:08 pm


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