Legal Question in Landlord & Tenant Law in New York
Roommate not paying full rent and not moving out - Upstate New York
Two of my cousins and I signed a 1 year lease for a place almost a year ago. The lease has me listed as the tenant and my two cousins as co-occupants.
One cousin and I are having problems with the other cousin. He is refusing to pay the whole portion of his share for rent and refusing to move out. He has been giving me only half for the past two months due to losing his job and having financial hardship.
What actions can we take against this roommate. Our lease is up at the end 8/2011 and all three of us have to be out then. We will not be renewing the lease and would want his property removed from the house. What can we legally do? Who is going to be legally responsible once we leave and he refuses to vacate?
1 Answer from Attorneys
You may start an eviction proceeding. However, since the lease is up at the end of August and you plan on not renewing the lease, I would suggest suing your cousin in Small Claims court for the remaining amount owed.
Mike.
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