If my roommate moved out andestablished a new residence, does he have any right to come to my apartment whenever he wants?

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If my roommate moved out andestablished a new residence, does he have any right to come to my apartment whenever he wants?

He is completely moved.

Asked on April 1, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is whether he is still a tenant or not, since a tenant's right to reside in an apartment has nothing to do with whether he or she chooses to or maintains another residence. So, for example, if the roommate is on the lease and is still paying his rent to the landlord (or to you, if he is a subtenant of yours) and has not violated any other lease provisions, then he has a right to access the apartment.

On the other hand, if his tenancy is over, either because he has breached the lease (e.g. not paid), or informed everyone he's  terminating his tenancy, or the lease is up and he moved out, or it's a month-to-month and either he or the landlord gave 30 days notice, then he can't come back. So the question is, has he moved out, but maintained his tenancy or not.


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