Legal Question in Landlord & Tenant Law in New York

Problem with roommate

My roommate took advantage of me. He lied on the general rent and utilities before I moved in. Basically he lied on the total package by more than 100 dollars per month. Like a stupid guy, I paid the rent and I figured out later that I was paying too much. He never wanted to give any proof of the rent but I found them in a garbage.

Now he left a lot of stuff and didn't pay the rent because he 's leaving. Basically the apartment is like his private deposit for free.

Is it possible to get my money back (more than 1000 dollars)?

Can I change the lock because my new roommate doesn't feel confortable?

Do I have to put his stuff outside? Or sell it?

Do I have to contact an attorney?


Asked on 7/06/05, 7:50 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Problem with roommate

Your question suggests that he is no longer residing in the apartment and that you are now the legal tenant with a new roommate.

He has 'abandoned' the apartment and you have a right to sell his abandoned property and use the money to pay his debt to you. In addition, you may apply a fairly appraised value of the abandio=oned property to his debt and keep and continue to use any abandoned property. (Just take a photo of the furniture he left behind.)

If the abandoned property has no value, you must motify him and wait 30 days before you threow it away. if he has not left a forwarding address, then just wait 60 days.

That is likely to cover your possible liability. There are no strict rules for this situation, just do your best and keep records and you should be ok.

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Answered on 7/14/05, 11:54 am


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