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Roommate on lease refuses to leave the apartment after lease has ended..

Rochester, NY |

i am on a lease with my room mate. thing is i moved out during the term of the lease due to his drug use. all obligations of the lease were met and rent was paid on time by the room mate. i surrendered keys as of 9-21-12 and sent my land lord a notice of non renal on 4-8-13 ( the lease is up 4-30-13). now it is 5-10-13 and he is refusing to leave the property. the land lord issued a eviction notice and started legal proceedings. am i at all at fault for any of this?

will this affect me security deposit or my credit score?

Attorney Answers 2


Dear Rochester Tenant:

You may have taken the necessary and prudent steps to surrender your right to possession by moving out, turning in the keys and informing the landlord you will not renew the lease, but unless you receive a release from the landlord or an acknowledgment that you are not a tenant, then it is likely the landlord will name the tenants who originally signed the lease (that is you and your co-tenant) as the respondents in the summary holdover proceeding.

So you need an attorney to intervene for you to secure the landlord's release from all the lease obligations including the obligation to surrender the rented premises at the end of the lease.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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i also would like to add that the land lord said they are not interested in renewing any lease with myself or him and just want him out of the apartment. i just dont see myself being responsible for a lease, when the lease is already up and i already vacated the premises.

Steven Warren Smollens

Steven Warren Smollens


OK. Then why ask the question? A landlord commences a holdover proceeding against the tenants named on the lease; only your co-tenant will be evicted but the case will be against you as well. My suggestion is that you secure protection from the coming lawsuit in advance. And, your sense of the kindness of New York law is misplaced. Whether you were too blame or not blame, you will have to deal with either defending yourself in the lawsuit or pre-empting the issue. Use an attorney to help you out. Good luck.


Did the landlord give you a release? If not it is possible that he will name you as a tenant in any summary proceeding to evict. You should consult with an attorney and see if you can negotiate a termination of lease for you as of the date of surrender of the keys by you before any action is commenced.

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