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?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.