Brooklyn, NY asked in Landlord - Tenant for New York

Q: If I move, am I responsible for the removal of a squatters belongings? I’m in Brooklyn, NY.

This person has refused to leave my apartment and I feel it’s better if I move. He’s never been on the lease and was only her to assist me as I am disabled and need attendant care. But he has a ton of stuff and I don’t want to be responsible for paying to move his stuff. I’ve been to housing court. Covid put the brakes on any procedures until the moratorium is lifted.

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: In order to successfully effect a surrender of an apartment to the landlord, it must be vacant of all occupants. If the tenant allowed someone else to also reside in the apartment, regardless of whether that person is referenced in the lease, the tenant remains responsible to the landlord until such time as that additional occupant vacates.

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