Need help in NY - GF wont leave apt

5 Replies

I’m writing this for a friend. 

He rented an apartment and has moved out when lease was up - he didn’t  renew. 

His ex gf  refuses to leave . 

She’s there 1 month , 

the owner is telling my friend it’s up to him to evict her . She won’t pay rent , 

Is that his responsibility? Will he need to pay rent still , even though he returned the keys? ( ex GF made a copy ). 

Any help greatly appreciated . 

I’m guessing he won’t have to pay rent but the landlord may have to evict her to formally get her to leave.

If they’re still dating it’s probably in his best interest to avoid her eviction but legally speaking I think his liability is minimal

Is this is New York City or somewhere else in New York state? 

I don't know about other places but in NYC there's this idea of "squatters rights." Since it's not your friend's property he has no power to evict her. Where it could get murky is if he sublet the apartment to her without notifying the landlord. But since he's telling a tenant to evict a non-tenant it sounds like the owner either doesn't know the law or is trying to avoid a bigger headache. 

If she's refusing to leave and she's refusing to take over the lease/pay rent the landlord will most likely have to go through the courts to evict her. Not fun. The landlord may try to place the blame on him for letting someone stay in the apartment without authorization. I do not know the extent of his liability in this situation in all honesty, not a legal professional. Best of luck! 

Thank you - they’re not still dating . 

The owner was aware of the ex moving in last month. I’m guessing he’s not liable but just wanting to know for sure . 

Probably best for him to pay a lawyer . to find out .

Can’t help with the details, but be sure to keep records of your emails/letters to your landlord about YOU moving out, you giving him the keys, etc. The good records showing that you’ve done everything right may help if there’s an eviction against you.

If she was not on the lease then she's now an illegal squatter and that's the landlords problem. Even if she was on the lease it's still the landlords responsibility however if the landlord has to evict, your friend will also be named if they were both on the lease.