Brooklyn, NY asked in Civil Litigation and Landlord - Tenant for New York

Q: Will my roommate (leaseholder) get arrested if she puts my things in storage and change the locks? I’m not on lease

My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the locks. She’ll get arrested? What penalties other than arrest will she face? We’re in NYC

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

A: Dear Brooklyn Roommate

What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?

Of course you don't have to move even if you are not paying rent. Your lawyer could convince your landlord to initiate an eviction warrant on Housing Court.

This surely will take time for the process to run its course and you will have been tagged by name in the Housing Court database but if you do not volunteer to leave and your landord decides to avoid arrest then this is the lawful route.

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