Roommate moved out, has not returned keys

[Ratibala]

Buffalo, New York

Overly detailed background:
My roommate was originally only supposed to be a 2 month renter until he was able to find his own place.

The only rules I had were:
1. Clean up after yourself.
2. Pay bills and rent on time.
3. Respect each others personal space and sleep schedules.
4. What happens in this apartment, stays in this apartment.

Out of laziness on both our parts, he never looked for another place, and I never asked him to leave. 2 years later, he has grown increasingly irresponsible and disrespectful. He began coming in at 5am drunk and loud and shouting to himself. He smoked in the house. He would discuss my personal life with very intimate detail to persons who were common to both of us. He became inconsistent with paying his bills, and his personal hygiene was, well, you've been to the zoo... imagine the smell in the elephant house. Seriously.
So, in January of this year myself and my boyfriend discussed with him the possibility that we would want to live together. In March we told him it would be April, but if he wasn't ready we didn't mind waiting another month of two for him to save money. May 1st he said he'd be moving June 1st. May 29th it was June 15th. Then it was Sunday June 28th. He asked my boyfriend if he could help him move. My BF took the day off of work. Saturday night before, I ask the RM if he's excited for his new place. He says, oh, yeah, I'm not leaving till July 5th. I was outraged. It was a very specific date that he knew I'd be out of town, and he never told my BF, who is now missing work for this, that his help wasn't needed. He never even said thanks anyway.
We came home Sunday July 5th to find that he has in fact moved out. He left his room a discusting filthy mess. He left garbage. He didn't clean. It reeked of cheap cigarettes and dollar store air freshner. I had to BLEACH the walls with a floor mop to get the filth off. Then I had to prime and paint 2coats of paint, at my expense.
He left a note that he would be back yesterday (July 9th) to pick up the boxes he left in our hallway (blocking traffic) and the items he left in the attic. He hasn't showed or even called. He still has keys. I called him last night at 8pm and left a message asking when he was coming and to please call first, as he no longer lives here and we want to be present while he removes things from the house. He never called back, and it's been 24 hours.

He still owes June's rent, electric, and gas. (It's now July 10th!)

What do I do with his stuff, and is it reasonable to ask my landlord to change the locks. He has no personal property in the living space, he could access the attic from the landlord's entrance instead of mine. When can I throw it out?

Thank you. And, yes, I am just glad he's gone.What is the name of your state (only U.S. law)?

 

[Gail in Georgia]

From your posting, one get the idea that there was no written lease here; simply a "month to month" tenancy, correct?

Did anyone actually provide any WRITTEN documentation (either your roommate, you or the landlord) that this type of lease was going to terminate with the appropriate notice?

Gail

 

[BL]

NYC Rent Guidelines Board

The remaing tenant or Landlord has a Duty to protect the belongings.

Likewise a tenant can give 30 days notice . Outside of NYC doesn't specify written notice , so if the tenant gave a first date , then unilaterally kept changing it , I believe the first move out date of notice may suffice .

If the remaining tenant was the room-mate's LL , then the remaining belonging should be stored in a secured place , and if the locks are changed , provide the actual LL with keys( copies ) .

I'd check with the LL first though .

MONTH-TO-MONTH TENANTS

Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-b)

In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law § 232-a)

 

[Ratibala]

More details

My original lease was for one year with month-to-month terms following the original lease.

My landlord also expressed concerns regarding his failure to turn in keys. He is changing the locks tomorrow.

His concern stems from the fact that the former roommate entered the house without permission today while we were at work and removed some items he left behind.

Roommate owes June rent and utilities and partial month of july. We have no forwarding address.

Cleaning his filthy room and garbage removal cost me 3 hours of my day. I also had to repaint and repair wall damage caused by the roommate. I have photos. Are these recoverable expenses? He also damaged a dresser I loaned him. He used it as an ashtray. It is an heirloom.

 

[BL]

My original lease was for one year with month-to-month terms following the original lease.

My landlord also expressed concerns regarding his failure to turn in keys. He is changing the locks tomorrow.

His concern stems from the fact that the former roommate entered the house without permission today while we were at work and removed some items he left behind.

Roommate owes June rent and utilities and partial month of july. We have no forwarding address.

Cleaning his filthy room and garbage removal cost me 3 hours of my day. I also had to repaint and repair wall damage caused by the roommate. I have photos. Are these recoverable expenses? He also damaged a dresser I loaned him. He used it as an ashtray. It is an heirloom.

Technically , the roommate is still a tenant until completely removing belongings ,or being evicted by the court , so he technically doesn't need permission to enter .

The LL should be prepared to show that tenant had vacated ,all but a few belonging , in case the police are called for a lock out.

 

[Ratibala]

He has been gone for a week now.

Using that logic, if he still has keys, and has left possessions in the house, that makes him a tenant. If he is a tenant than he now is not only past due for June, but is owing for July.
All that was left of him was a 12"x18"x24" box of random items. He also has a collection of boxes in the attic. We share an attic with the landlord which can be accessed from the side door of the house without going through my apartment.

I only want the be rid of him. Frankly, I would be happy to load my truck with his things and drop them off to him. But he won't take my calls and has left no forwarding address. He owes back rent and utilities and I feel he should pay for damages, which if I didn't repair myself would be coming out of the deposit I, and ONLY I paid.