Q: If I leave a property I been living at with my girlfriend for more than 30 days, for one night
I’ve been dating this girl, it’s not working out, I’m moving out soon she’s given me 30 days I’ll be out in less than a week. But she’s saying if I leave for one night then I have to give the keys back to the house, this house is my mailing address, and all of my property is stored here. Is there such a law that says if you leave the property for a night that you forfeit the keys
A:
Dear Schenectady Tenant:
If you have a written notification to get out (a notice to quit or termination notice) and you then "leave" the tenant may very well argue you voluntarily departed. New York State Law protects an "occupant" like you from being kicked out just because they are told to get out but that protection only works if the occupancy is for 30 consecutive days or more.
If you plan to move out, then take your stuff with you, Because she seems to believe she could change the locks if you leave and you do not want a stand-off with police saying you need to go to court if you claim an illegal lockout or arresting her because she illegally evicted you.
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