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Posted by Anna on July 15, 1999 at 16:04:30:

In Reply to: NY roommate removal after I break the lease posted by SB on July 15, 1999 at 09:49:03:

You are her landlord, she is your tenant. She is also a legal occupant of the apt BECAUSE she has lived there for 30 days or more. So, if she doesn't want to leave, you will have to evict her in court, after giving her 30-days notice. Anything less is an Illegal Lockout: she could win triple damages.

The fact that she has canceled rent checks improves her case against you and your landlord. So: be nice, negotiate, get her a buyout offer from the sponsor, etc. She is the harmed-party here, not you.

A lesson for all amateur landlords...

ps: you're buying a coop: don't you already have a lawyer?

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: You are her landlord, she is your tenant.  She is also a legal occupant of the apt BECAUSE she has lived there for 30 days or more.  So, if she doesn't want to leave, you will have to evict her in court, after giving her 30-days notice.  Anything less is an Illegal Lockout: she could win triple damages.

: The fact that she has canceled rent checks improves her case against you and your landlord.  So: be nice, negotiate, get her a buyout offer from the sponsor, etc.  She is the harmed-party here, not you.

: A lesson for all amateur landlords...

: ps: you're buying a coop: don't you already have a lawyer?



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