[Pthompson]

My girlfriend and I lived together for over a year in an apartment. The lease of the apartment was only in her name.

On Nov. 29 this year she comes to me and says, "I don't want to be with you anymore". We of course have an agruement, she leaves for the weekend to return on Dec 2nd when she demands that I leave immediately. I told her I need 30 days to find a place and informed her that New York State Law affords me this right.

The next day on Dec 3rd she terminates or transfers her lease on this apartment and moves to another one in the same complex. She also states to me while she is moving out "they (complex) will be changing the locks tomorrow and you will have no place to live.

My question is this. Was she my "landlord" and did she violate New York State law that says I need to be served with a "30 day notice to vacate"

To complicate matters, we had a joint checking account which had about $200 dollars that I had deposited on Nov 29th. I essentially withdrew that 200 dollars and closed the account the folloing day.

Now she is suing me in small claims court for "rent, bills and court costs" totaling in excess of $900 dollars.

Our verbal agreement was for me to supply $120 dollars weekly to cover shared costs of rent, and utilities.

I really need to know if she did infact break New York State law by not serving me with a 3 day notice demanding rent of $120 dollars.

And did she break New York State law of eviction proceding by moving out with the "intent" of not having to go through the court system to evict me?

[George_1950]

I know nothing about New York law. Having said that, you said: "I really need to know if she did infact break New York State law by not serving me with a 3 day notice demanding rent of $120 dollars." 'Service" denotes that you received a paper, notice in this case; it could be certified mail, but in most cases it is 'personal', or handed to you by a deputy. Her failure to serve properly may be a defense to the eviction.

You said, "And did she break New York State law of eviction proceeding by moving out with the "intent" of not having to go through the court system to evict me?" Probably not, because you are not a tenant of the lessor; you are a sub-tenant and the lessor may have not notice that you are there. I would speak to them immediately about the facts and see whether they are going to change the locks. If the lessor is careful, they will file an eviction against you, which can be done quickly where I live; again the lessor must have notice that you are an occupant; but you are in New York. You folks elected/annointed Hillary, right? There is no telling what the laws are there, but you seem to be finding your way around pretty well. Good luck.