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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Default Can You Recover Money from a Landlord if She Pressures You to Move Out Early

    My question involves landlord-tenant law in the State of: New York

    I'll be as brief as possible.
    -Moved to New York on Oct 20, 2012
    -Paid $500 for Oct 15-31 rent, $1000 last month, and $1000 for Nov 1-30 rent
    -Issues with roommate started after 2 weeks, but I tried to be polite and work it out. Most issues involved noise levels, her dog barking non-stop, her and her guests eating my food without my approval, smoking weed in the house daily after I expressed my discomfort, out of town guest who was supposed to be there a weekend and ended up staying 18 days (and counting.....), a third guest who arrived on Nov 17
    -Big argument on Nov 16, after me asking her to turn the volume on the tv down to a reasonable level.
    -Nov 17, get a 10 Day Notice to Quit (yes on a Saturday)
    -Nov 17, got in a verbal altercation with the guests which resulted in me calling the police due to feeling threatened (3 against 1)

    I am in the middle of moving all of my stuff out of the apartment (mostly because I don't feel safe at this point), however the roommate refuses to return the last month payment or the remaining balance due after the 10 Day Notice to Quit is complete. The cops came and explained to her that she was legally on the hook for giving me the money back and she said she wasn't. The cops tried explaining several times in several ways that she was and finally turned to me and said I just needed to take her to small claims court.

    Is there any way that she can legally keep the remaining rent or my last month's rent payment?
    If I take her to small claims court can I also sue for moving expenses?

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: NYC Roommate Issue - She is Evicting Me with No Cause and Won't Give Back Rent Ba

    No, she can't keep the last months rent payment.

    Did you have a lease with her?

    Moving expenses...I am not sure on.

    The one thing you do have to realize is that even if you win, it's up to you to collect.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Recover Money from a Landlord if She Pressures You to Move Out Early

    If you aren't being evicted - if your roommate / landlord asks you to move and you agree to do so - that's not an eviction. That's an agreement.

    If it was an agreement, Landlord: "I want you to move out right now"; Tenant: "Okay, I will," then I agree that the agreement would end the tenancy then - no notice to quit required from you, and no claim for continuing rent from your landlord. I think it is implicit in that, that the landlord is not saying, "But I'm going to keep your security deposit and the rent for the rest of the month." The landlord, after all, initiated the process.

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