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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15773
Experience:  Experienced in multiple areas of the law.
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Can i press charges in nyc against my tenant who enters my

Customer Question

Can i press charges in nyc against my tenant who enters my unit after i took my keys away from him? He still resides in his rented unit and was allowed to store additional items in mine. I reclaimed my keys to give to the realtor and without my knowledge or consent he re entered my separate unit to retrieve his items. I don’t know how he got access as the realtor still has the keys.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, i just had my unit locks change because i don’t feel safe
JA: Have you talked to a NY lawyer about this?
Customer: Unable to reach my attorney
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Legal
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 8 months ago.

Good morning,

Only the prosecutor's office can actually file or "press charges" against an individual. You can certainly file a police report against this person though. From what it sounds like, since they did not enter with the intent to commit a crime and did not take anything other than their own belongings, this would be considered a criminal trespass, as they entered the property without your consent (which they knew as you took the keys from them). Trespass in NY can be punished with either a fine, or as a misdemeanor. Ultimately, that would be up to a prosecutor to decide.