Legal Question in Landlord & Tenant Law in New York

Wrongful Eviction

My daughter moved in with a roommate at the beginning of Sept. She gave him the first month's rent and $200 security. He refused to give her a receipt for the security. Within 10 days, all of her belongings were infested with bed bugs that he claimed she brought in. He made her purchase all the pesticides and pay for an exterminator, when a week prior he had brought in a couch from a dumpster and we think that's what brought in the bugs. There have been problems since day one and he told her last week during a screaming match that she had to get out. She found an apartment that she can afford and was planning on moving out this weekend (10/8, 9 and 10) and told him so yesterday morning (10/3). He laughed at her and said well, don't be surprised if you come home tonight and the locks have been changed. Lo and behold, midnight last night she came home from work and found he had changed the locks. Is this legal and what recourse do we have. I'm calling the apartment complex today but wanted to know our legal rights before doing so. Also he told her (in front of us) that he'd sell her his truck for 400. She gave him 200 and he gave her a receipt. He's refusing now to give her $ back and won't release the title. Help!!


Asked on 10/04/05, 8:15 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Wrongful Eviction

Getting out and away from this person as quickly as possible is important.

He cannot change the locks. Call the police for help in recovering her possessions. The money for the truck should be refunded by him, but, unless you garnish his wages, that seems tough to accomplish.

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Answered on 10/06/05, 1:05 pm


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