Skip to main content

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


  1. 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.


  2. 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.

    This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.