What to do if I’ve been living an an apartment for 4 months without a lease and my roommate gave me 4 days notice to move out?

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What to do if I’ve been living an an apartment for 4 months without a lease and my roommate gave me 4 days notice to move out?

I’ve been living an an apartment for four months without a lease. My roommate gave me four days notice to move out as well as threatened to not return deposit as well as physically remove my belongings if I’m not out by the first. Is she liable to me if she throws my things out? I have proof of four months of payment to her. What are my rights?

Asked on July 30, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are living in a unit without a written lease, the law presumes that you are under a month-to-month lease. For your "landlord" to evict you, a written thirty day notice of termination of your lease is required under the law.

If your roommate discards your belongings against your wishes then she would be liable for the fair market value of the items.


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