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Get her OUT!!

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ericc343

Junior Member
What is the name of your state (only U.S. law)? New York, Nassau County
Roomate gave 20 days notice she was leaving on Nov 1st. She didnt close on her house and paid rent for 2 weeks (when i went to school that 2 weeks were up yesterday)Her boxes are packed and all over my livingroom. SHe has no lease and no security deposit, an paid month to month.Can I "help"(put her stuff on curb) her out of my house?
 


justalayman

Senior Member
.Can I "help"(put her stuff on curb) her out of my house?

Not unless she asks you to. You cannot remove a tenant against their will. You would have to file an eviction suit and eventually the Sheriff will remove the tenant but only after the court orders it.
 

FarmerJ

Senior Member
before you act search your states abandoned property laws , You may be able to send to her at her last known address a certified letter that says `time clock has started, Im not your personal storage unit if you do not contact me to get your things out of here they will be treated as abandoned property and disposed of by (x date) then ( your name and address and how to reach you ) if the only address you have is the one you shared with her so be it then thats her last known addy.
 

justalayman

Senior Member
before you act search your states abandoned property laws , You may be able to send to her at her last known address a certified letter that says `time clock has started, Im not your personal storage unit if you do not contact me to get your things out of here they will be treated as abandoned property and disposed of by (x date) then ( your name and address and how to reach you ) if the only address you have is the one you shared with her so be it then thats her last known addy.

I read the original post to mean the person still resides in the house along with the OP.



Another question or two for you ericc43:

you state she is a roommate. Are you a tenant also or do you own the premises? If you are also a tenant, is the roommate a subtenant or a co-tenant with a rental agreement with the same landlord as you have?
 

BL

Senior Member
What is the name of your state (only U.S. law)? New York, Nassau County
Roomate gave 20 days notice she was leaving on Nov 1st. She didnt close on her house and paid rent for 2 weeks (when i went to school that 2 weeks were up yesterday)Her boxes are packed and all over my livingroom. SHe has no lease and no security deposit, an paid month to month.Can I "help"(put her stuff on curb) her out of my house?

If she was your roommate and not under obligations to your landlord , she is your tenant.

If she is also a tenant of your landlord ,she is also your landlords tenant .

In NYC if a landlord takes self help to evict they can be arrested.

Outside NYC a court order also needs to be obtained,and an eviction Marshall to carry it out if the tenant does not leave by the court ordered date.

A landlord also has to store the tenants belongings for 30 days After they have vacated. It could be in a storage facility.

It's only been two weeks ,but as Farmer said,look into abandonment laws.

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

http://www.housingnyc.com/html/resources/attygenguide.html#1

http://www.housingnyc.com/html/resources/attygenguide.html
 
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