If my roommate is moving out, doI have the right to be there when they do?

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If my roommate is moving out, doI have the right to be there when they do?

I caught my girlfriend of a 1 1/2 years in bed with another guy. I told her to get all her stuff out of the apartment; she had her family help her get some of it out yesterday. There’s still some left to go. We’re both on the lease of this place for another 3 months. She went back to her mother’s place yesterday. I told her that I want to be here while she’s removing her belongings, and she says that she’ll move everything out while I’m at work during the week. Is there any way I can force her to wait until I’m home, since my name is on the lease as well?

Asked on April 17, 2011 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As long as she is a legal occupant of the premises, she has every right to move out at the time of day that she chooses.  In other words, you have no specific right to be there when she does.  However, you can hold her liable for damages, if any, incurred when she moves. 

Also, since she remains on the lease, legally she is still responsible for paying her share of the rent.  However since you are effectively forcing her out, she may be able to recover from you the rent that she pays the landlord (since she is no longer living there).


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