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Trespassing by ex-roommate

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Trespassing by ex-roommate

Postby NYLover » Mon Jan 12, 2015 6:05 pm

My ex-roommate are currently threatening to move back in. What should I do?

I already gave back to her the security deposit, and the problem is,
she still has the keys and left some of her stuff in my apartment.

When she moved out, she couldn't stuff all her belongings into the car, so she left some in my apartment.

She forgot to bring her keys from her boyfriend's place in another city, and told me she would overnight to me the keys (by text).

After she left, out of consideration for her, I sent her text to send me the keys by 2nd or 3rd days instead of overnight, so that she can save some money.

Out of the blue, she told me she would hold onto the key until the end of the month and she will come to the apartment any time she wants because she already paid the January month.

I told her she had already moved out, and if she wants to claim her right to her old room, she has to pay the security deposit, but she refused.

She told me it's not fair for me to get paid double if I find a new roommate before the end of the month, and she may spend a few nights if she wants to.
(There's few chances that I can find a new roommate this time of the year.)


I said No, after she moved out with the deposit it's non of her business when I have a new roommate, and demanded she return the keys.
And told her that I would hold onto her things for and until she return to me the keys.


This morning she sent police to my apartment and I explained the situation. They told me to call the police when she comes.


What I am really worried is,
Can she really come and stay whenever she feels like it because she still has the keys?

Or, can I called the police for trespassing if she come and get her things not leaving the keys while I am not home?

What if I failed to get my keys back, when she comes to get her stuff?


Any insights or advises would be greatly appreciated.

Thank you in advance.
NYLover
 
Posts: 35
Joined: Sat Mar 20, 2010 4:54 pm

Re: Trespassing by ex-roommate

Postby TenantNet » Mon Jan 12, 2015 8:32 pm

There are a few separate issues going on here.

In general if a tenant or roommate has severed connections to a unit, moved out, removed all possessions, returned possession to the LL (or to the prime tenant in the case) by returning the keys, then the tenant has no longer any legal rights to enter the unit. The prime tenant or LL would, in my view, have every right to change the locks to prevent unlawful entry.

However this case doesn't seem to fall into that neat description. Apparently some possessions are still there, the keys haven't been returned, and I'm not following the state of the deposit or if the rent has been paid for the current month.

All of that - or any of that - makes the situation murky. Especially of the vacating tenant has paid rent for the current month, I would say they still have some rights to enter the unit.

From your own description, she's paid January rent, she still has possessions in the unit and has not returned the keys. That sounds to me like she has some rights to enter, at least until the end of January.

Theoretically in February you could charge the roommate if they keys haven't been returned. And theoretically you could charge for storage of the possessions, although I would not recommend that. Do not make matters worse by tossing any of the roommate's possessions. Give her at least three months before considering them to be abandoned, then give her more time with certified letter notices.

I would try to deescalate the situation. Understand that while she might still have some rights, what she really wants is to claim and move out her possessions. Try to compromise and facilitate that.
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Re: Trespassing by ex-roommate

Postby NYLover » Mon Jan 12, 2015 11:03 pm

The deposit:
She owed me some money, including a portion of this month's rent, which altogether turned out to be almost the amount of security deposit,
so I agreed that what she owed me be offset by the security deposit - this was on Jan. 8, just 3 days before she moved out yesterday Jan. 11.

Technically, she only paid a little more than 3 weeks of this month's rent.

Her boyfriend forgot to bring the keys from Baltimore, and she told me "I can overnight them to you" - this text was on Yesterday morning, before she came here to remove her belongings. She and her boyfriend could not stuff all her things into his car, so she had no choice but to leave some.


My question is:
(1) Can I deny her the access to her old room to get her stuff, until she return the keys to me?

(2) Can she stay in my apartment without my permission? like sleeping and taking shower etc?

(3) If and after she remove her stuff next week, can I change the lock?


This morning she called from Baltimore to the police, and have them knock on my door while I was sleeping this morning.

Up until now we got along very well, but I don't know what happened to her after she moved in with his boyfriend last afternoon.
Now she is not a reasonable person and I feel like I am being physically threatened.


Please help me. Thank you so very much.
NYLover
 
Posts: 35
Joined: Sat Mar 20, 2010 4:54 pm

Re: Trespassing by ex-roommate

Postby TenantNet » Tue Jan 13, 2015 5:32 am

We answered your questions above. It's not a clear-cut situation. If she paid for some rent, then a case can be made that she has a right to enter this month. Rather than get into legalities, which are not clear, bets to work it out. Let her get her stuff, have her return the keys and then you will both be done with each other. Have her sign a release once that's all done and then there should be no question that you can change the locks.
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