QUESTION
I told my roommate that they have to move out. Can I pack up their belongings and place the belongings in my garage?
Asked on Nov 27th, 2016 on Landlord and Tenant Law - New York
More details to this question:
This person has lived here for about 3 months and has not been paying rent even though we had a verbal agreement. I know they have certain rights after they have lived here for more than 30 days and legally I have to get a legal eviction. I am hoping to convince them to leave without the legal eviction. What kind of trouble would I be facing if I do pack up their belongings when they are not here.
1 ANSWER
Landlord and Tenant Law Attorney serving New York, NY
Partner at
Goldberg & Lindenberg, P.C.
Yonu muist not interfere with your roommate's occupancy. If you remove his/her belongings without a court order there could be civil and criminal consequences to you. The roommate must be served with a 30 day notice of termination of monthly tenancy. The notice must include a full calendar month and be served by a process server. If the roommate doesn't vacate in accordance with the notice you will then have to commence a holdover eviction proceeding in Landlord & Tenant Court.
Answered on Nov 28th, 2016 at 7:47 AM
This response is for general informational purposes only. An attorney-client relationship is not being formed.