Legal Question in Landlord & Tenant Law in New York

Tenant Trouble

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. It's now almost Jan 2004 and he still has not left. I told him I was going to change the locks if he didn't get his things out. Not only did he 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. There is no new lease but I do have an agreement with the landlord that I am month to month at the space (I have a letter from the landlord outlining this). Since he is not on the new lease, What can I legally do to get rid of this guy? Can I change the locks? Can I move his things to an area of the space? Is his behavior considered harassment?


Asked on 12/29/03, 1:14 pm

1 Answer from Attorneys
Steven Czik CZIK LAW PLLC

Re: Tenant Trouble

Unfortunately by law since you did extend him the right to initially live in the apartment, you cannot lock him out. You must initiate an eviction proceeding in Court, this is our specialty actually and we charge very reasonable fees....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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Answered on 12/29/03, 2:03 pm


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