Brooklyn, NY asked in Landlord - Tenant for New York

Q: if my ex domestic partner are both on a lease in a one bedroom apartment can he keep me out of the bedroom we shared?

we moved in as a couple sharing the room. now my clothes and belongings are still in the room. he has his new lovers in the room for hours and every day almost and tells me I'm harassing him if i need in to get clothes. can he do that?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In a situation where both you and your ex-domestic partner are listed on the lease for a one-bedroom apartment, rights to access shared spaces, including the bedroom, are typically equal between the two of you. The arrangement you had as a couple, sharing the room, doesn't automatically change due to a shift in the relationship status. If your belongings are still in the room, you have the right to access them. It's not reasonable for your ex to claim harassment for simply needing to retrieve your clothes or other personal items.

However, navigating these waters requires a delicate balance, especially when emotions are involved. Communication is key. It might be helpful to try and establish specific times or guidelines for when you can enter the room to get what you need, aiming to minimize conflict. If communication breaks down, mediation might be a next step, seeking help from a neutral third party to facilitate a conversation and reach an agreement that respects both of your rights and needs.

In the event that these efforts don't lead to a satisfactory resolution, you might need to look into legal advice based on the laws in your area. Tenant rights can vary widely, but everyone deserves to feel safe and respected in their living situation. Remember, it's important to keep records of any agreements reached or violations thereof, as this documentation can be crucial if legal action becomes necessary.

Jack Mevorach agrees with this answer

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