Ronkonkoma, NY asked in Landlord - Tenant for New York

Q: Hello, my friend won't leave my apt

I let my friend stay in my apt for 8 months while out of town, now I'm back and she won't leave, she moved her stuff in. There is no lease with her, I'm the only one on the apt lease and I refuse to be homeless. When I move back in, we'll just have to deal with housing court correct? I don't care that she's there since I can't kick her out (squatter's rights), I just want to be sure I can move back in and not be homeless.

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: I gather that this apartment is your primary residence, you have a current lease, you pay the landlord rent for the apartment, your landord did not charge you for a lease violation [sublease or assign without permission], the apartment has space for two unrelated adults to have private sleep and bath areas, your friend has not threatened to change the locks.

If so, why haven't you moved back to the apartment?

1 user found this answer helpful

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