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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17458
Experience:  B.A.; M.B.A.; J.D.
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I have a situation like others here. All have a unique

Customer Question

hello, I have a situation like others here. All have a unique twist. I am located in queens new York. I am the lease holder in a two bedroom apartment. the lease expires july 29th. the roomate asked to move end of june. He is kind of like my cousin and as a favor I gave him his security back for june . to move out july 1st. I will be moving out july 30 as the primary and only lease holder as I will not be renewing the lease. it is july 1st today so he has not bad june... received his security and has now not paid july even though he should have vacated. I gave him his 30 day notice and been kinda giving him a push an reminder and I have not seen anything packed yet... I have to vacate end of july and iam being held up waiting to this roomate removes his property. what are my options here.
Submitted: 5 months ago.
Category: Landlord-Tenant
Customer: replied 5 months ago.
in a nutshell, he received his security. got it for june 1st.... to move out by july1st. he has been a non tenant for 10 months. so he did not pay june collected his security, and today was july 1st , he is still in apt and no signs of moving. gave him three notices. within the month... I printed out notice of quit notices online, stating non payment for june and now july. and added security was returned ( added to the document) which I got online, which probably means nothing to the court if this is a court situation. nothing was signed, he wouldent sign it anyway. he would throw it out... so this whole thing was more a favor for him and I guess like they say u don't mix family with business. and everything is gonna fall on me if I cant get him out . Also time consuming and just a hasstle as I have triple the stuff to move as I am the sole primary lease holder and been occupying the residence for 4 years. he just has been here tops 10 months.
Expert:  Phillips Esq. replied 5 months ago.

Your option here would be to proceed to move out as planned when your lease expires and let the Landlord force him out as a holdover after you have vacated the premises.

If he continues to remain after you are gone and the Landlord comes after you for rent, you can sue him for the damages.

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