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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35368
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My girlfriend/roommate has left the apartment. How long must

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My girlfriend/roommate has left the apartment. How long must she be gone to get her off the lease in NYS?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Is she actually listed on the lease as a co-tenant with you?
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Or is the lease in your name and you let her move in?
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Does she pay half the rent?
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Is she still doing so?
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Has she moved out her personal property?
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Thanks
Barrister
Customer: replied 3 years ago.

She is on the lease as a co-tennant,


 


She agreed to pay 1/3 of the rent but has not paid anything in 3 months. I have paid all the rent to keep current with the landlord,


 


Her personal property is still here.

Ok, at this point, since she is a legal tenant on the lease, you wouldn't be able to get her off the lease until it was up for renewal. You would however, have the right to sue her for breach of contract for failing to pay her portion of the rent. You could pursue this in the local small claims court so as to hold her responsible for the rent even if she has moved elsewhere.
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Then when your lease is up for renewal, you can ask to re-sign as the sole tenant and then take steps to legally evict her if she still has her personal property there.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks

Barrister

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