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roommate refuses to leave, wants to stay extra day without paying rent for it

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claudia8643

Junior Member
What is the name of your state? queens, new york
my roommate had given me notice a couple of months ago via email stating that she will move out by june 1, 2008. not thinking much, assuming that she would move out by the last of the month i agreed.
i have found a new tenant for june first and the rent has been paid in full already. i double checked with my old roommate and she announced that she would not leave till the first even though i explained to her that i needed the room empty to clean etc. i offered that she can leave her things in the apartment but that she had to leave on the 31st because that was the official move-out-date. she refused. the new tenants are paying for june and she is claiming a whole day from them without paying rent...can she do that? can she take this exra day? can i charge her for it? is there a way to get rid of her by may 31st?
 


BL

Senior Member
What is the name of your state? queens, new york
my roommate had given me notice a couple of months ago via email stating that she will move out by june 1, 2008. not thinking much, assuming that she would move out by the last of the month i agreed.
i have found a new tenant for june first and the rent has been paid in full already. i double checked with my old roommate and she announced that she would not leave till the first even though i explained to her that i needed the room empty to clean etc. i offered that she can leave her things in the apartment but that she had to leave on the 31st because that was the official move-out-date. she refused. the new tenants are paying for june and she is claiming a whole day from them without paying rent...can she do that? can she take this exra day? can i charge her for it? is there a way to get rid of her by may 31st?
No , you can't take self help to evict .

About the rent , if the room mate is month to month tenant , look up the States laws .

Your new potential tenants have a right to a FULL refund and voided lease /rental agreement , as the rental is/will not be ready on the move in date , or they may choose to wait a day and see if it's available , their choice .

Read throughly through here , BEFORE posting back .

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html
 

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