Queens, NY asked in Landlord - Tenant for New York

Q: I currently live in a building apartment in Queens and I rent an extra room to someone, I need to leave the city soon

i need to leave my apartment and the tenant i rent the room doesn't want to leave. Can i leave that person there and break my lease?. I use my itin number to rent the apartment and I lived there with my senior mom, now we need to leave but the tenant doesn't want to leave.

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

A: In order to surrender the apartment to the landlord, you must leave the apartment vacant and free of other occupants. If you fail to do so, the landlord can seek to hold you liable for rent and or legal fees that continue to accrue.

Since you are in the role of "landlord" to your subtenant, you may commence an eviction proceeding to evict your roomer. Individuals are not legally required to retain counsel to start a landlord/tenant case but it is always a good idea to do so.

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