Legal Question in Real Estate Law in New York

Roommate Threw Out My Stuff!!

I lease an apartment with 2 other girls in NYC. We are all on the lease, as are my father and the problem roommate's as guarantors. Recently, while I and the third roommate were away for several weeks, our roommate threw out EVERYTHING in the kitchen, claiming she was tired of the mess, but she was the only one there. She threw out my food, my dishes, my utensils, etc. She then left a threatening voicemail on my phone, F* this and F* that, F* me and our other roommate and F* my parents and my s***ty little boyfriend. I have been spending most of my time at my boyfriend's apartment, because I am not comfortable in my own place, but the voicemail actually made me afraid to return if she was there. In the past, she has been the only one with a mail key (my LL refused to make me a copy until recently), and she has also taken and/or withheld some of my mail, gone on vacation with the mail key, causing me to miss several bill payments. I also suspect she has stolen money from me, though I have no proof. Our other roommate was leaving anyways. Short of assigning the lease to the problem roommate and 2 other people and leaving (if I do that, can my father get off the lease?), do I have any legal recourse to evict her? What are my rights?


Asked on 5/04/03, 12:01 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Roommate Threw Out My Stuff!!

You probably have a civil action against your roommate for damages. The lease agreement that you and your parents signed protects the Landlord. Unless there is a separate provision in the lease agreement which provides some recompense to you for damages caused to you by your roommate, all you have are the rights accorded to you under the law, ie: bring a civil action to recover the amount of your damages and possibly criminal charges against her for harassment.

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Answered on 5/11/03, 5:33 pm


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