Tenant Lock Change Rules

Summary

In New York, it is illegal for roommates to change locks before a lease ends. Once a 30-day notice is given, no action can be taken until the period ends. To file a small claims case, you need the defendants name, address, amount claimed, and supporting documents. If the defendants address is unknown, use their last known address or workplace. You can file in a county where the defendant lives, works, or where the incident occurred.

Full Conversation

i have until the end of the month to leave my apartment, can my roommates change the lock before then
Hello Brock, to provide the most accurate information, could you please tell me which state you are located in? Laws regarding tenants' rights can vary by location.
upstate ny
In New York, it is illegal for your roommates to change the locks before your lease ends. They must:
- Provide reasonable notice before eviction.
- Not engage in self-help eviction (changing locks).
If they do, you may have legal recourse.
i gave my landlord a 30 day notice, so they can’t do anything until the end of the month right?
Correct, Brock. In New York, once you've given your *-day notice, your landlord or roommates cannot take any action until that period ends. If they violate this, they might be subject to legal penalties.
what information would be needed to take someone to small claims court?
To file a claim in small claims court in New York, you will need:
- The name and address of the person or business you're suing (the defendant).
- The amount of money you're asking for.
- A brief explanation of why you're suing.
- Any relevant documents supporting your claim.
what if i don’t have their address?
In New York, if you don't have the defendant's address, you may be able to use their last known address or place of business. However, this could complicate serving them with the court papers. Consult with a legal expert for advice.
does place of business mean where they work?
Yes, Brock. The term "place of business" typically refers to the location where someone conducts their business activities, which can indeed be their workplace.
what if the person i wanna take to small claims court lives in a different county
In New York, you can file a small claims case in a county where either:
- The defendant lives, works, or has a place of business.
- The transaction or occurrence happened.
Ensure you have the correct address for proper service of the court papers.