Posted by Frank Chin on April 12, 2005 at 08:05:56:
are you getting legal advice from a cop??
Keith, its probably better if you use an attorney if you never done this before. I had two similar cases, and fortuantely, I had an attorney that I was able to consult.
Now, landlord tenant laws vary state by state.
Here in NY State, my attorney advised me that as long as I have the tenant on the lease “gave me back the keys” and/or provide “written notice” that he’s vacating, then for legal purposes, BOTH have vacated.
I had a case of two roommates, both on the lease. Somewhere along the line, one of them lost his job, and went on drugs big time. One roommate notified me in writing he’s vacating, and handed me back the keys. My lease also says if one vacates, both must, unless they have wriiten permission to stay or get a new roommmate.
My attorney said it was OK to change the locks which I did. Left a note for the other tenant with instructions as to how to pick up his belongings.
Had another case more similar to yours. A young lady rented an apartment, then an umemployed, and abusive boyfriend moved in a while later. She gave notice to move out.
Unfortuantely, the boyfriend sleeps late, and rarely left the house. He was told he’s there illegally, and was given a certain period of time to move out.
In this case, I was told that I can get a court order to vacate. But, he moved on before we got to that point. The attorney said “DO NOT accept any rent payments” in the meantime.
We discussed shutting off utilities which was illegal for the landlord to do. On the other hand, if the tenant refuses to pay utilities, and got the utlities shut of, then an emergency order can be obtained from code enforcemnet to EVICT on health and safety reasons.
So a quick and dirty way to handle this is for YOUR tenant, the LEGAL obligor of the utilities, to notify the utility companies that he’s moved, and please SHUT OFF the electric, gas, and water. If she persists in staying after that, at least here in NYC, code enforecement can issue an “emergency disposess” and remove the tenant for health and safety reasons.
Frank Chin