Legal Question in Landlord & Tenant Law in New York

Type your question here...My boyfriend moved into my apartment, which I do not have a written lease for, for the month of August 2009. We have broken up, and he removed his last possessions in my apartment today, September 2, 2009. When he moved in, he told me verbally, that he would pay me the next months rent (meaning a 30 day notice) if he and I did not work out and he decided to move out. On August 27th, he with a 10 minutes notice decided to move out and due to him and his friends behavior the NYPD - who were called because of their poor, aggressive behavior towards me - allowed him to remove just the belongings he needed to get by for the next few days. I moved out 75% of the rest of belongings the next day and left them outside my apartment door - which his friend picked up. My exboyfriend is now claiming he does not owe me half rent for September, even though he verbally agreeed to pay me such, and said to take him to small claims court for it.

Do I have a case? I can not locate the email that he agreed to pay me Septembers / next months rent if things did not work out, but I do have a post it note that he agreed to, and him on voice recording saying that he agreed to pay me the money, but is not now.

Please help!


Asked on 9/03/09, 1:25 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Without anything in writing (or an admission by the boyfriend), I would think the Court would make him responsible for use and occupancy for the month of September. In other words, he would have to pay rent for September 1 and 2.

Mike.

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Answered on 9/08/09, 8:09 am


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