i'm the sole person on my lease in a rent controlled apt., can i legally kick my roommate out??

Question

I live in nyc, and she has lived in apt. for 6 years.

Answer 1

depends on the laws in your city and state. Usually an informal tenancy is month to month. You can boot him with a months notice. Unless he agrees to a monetary deal where you buy him out for a shorter time.

Answer 2

Unfortunately, assholes are usually that way for life so he's going to make you miserable no matter what you do. As far as your legal rights, if your name is not on the lease, you don't get any protections the lease would offer you if THE LANDLORD/management tried to kick you out without proper notice. You technically are not a tenant there. But, your roommate is not the landlord either and there is a written agreement between you. What notice does the written agreement say you will give each other? Does the agreement you signed say he will give you the security deposit back when you leave? You have whatever rights are in the agreement you both signed. If the signed agreement says he would give you 30 days and return your deposit, then remind him of that. If there is no mention of number of days notice and how the security deposit is handled, then he can be a dick all he wants in order to drive you out of there. You have the right to take him to court and ask for the 30 days notice and your half of the deposit, but you would have to convince a judge that your roommate should be considered a landlord and you should have the rights of a tenant, plus whatever the two of you agreed to in writing. Your roommate knows all of this would take time and money, and by the time the case got decided a month would be up anyway. So he is trying to make your life so miserable that he gets his way and you leave. You could try to bluff him and say you consulted a landlord-tenant attorney and they said since he acts like a landlord, telling you when you have to go, he also must adhere to laws about notice and give you notice in writing for 30 days notice. He could fall for it or say Yeah? Sue me. Acting the way he is, he will probably try to keep your half of the deposit, but you can ask for that back and tell him his new roomie can pony up the benjamins. Again, he is likely to stall, say you damaged something, bedroom needs repainting, whatever, and that he is keeping your money to pay for that. Lesson learned? Get every little frickin detail in writing, but even then someone can be an ***. Some people are assholes. Even formerly good friends can turn into bad roomies, so you're not alone. You should tell him the lawyer told you that you get 30 days notice and the $450 back, but you're willing to leave in two weeks if he gives you the $450 in cash up front. He is just going to make things difficult so get your money and run. You must have a friend who can take you in for a couple of weeks while you look for a new place? If there are any colleges near you, call student services and ask if there is a school community board, online site, or newspaper with postings for roommates. Students are much more likely to have cheaper digs. Also, there are a lot of home sharing opps on Craigslist that are affordable. You could find a room in a house with kitchen privileges etc. on a short term basis to hold you over until you found an arrangement you liked better.

Answer 3

Man, are most of these people stupid, or what? You can EVICT them by going to the courthouse and getting an eviction notice. Then they will have 30 days to move out. During that time, you cannot change the locks or touch their stuff. If they don't leave after 30 days, you have to call the police and have them removed.

Anyone who lives in your house as a resident (gets mail there, has personal belongings, etc) is a resident, whether they pay rent, are late in rent, or whatever. If you sublet to this person and you illegally evict them, they can sue you for 'treble damages'. That is three times what the court says you owe them. This mostly applies only in NY and NJ (maybe somewhere else, too).

If you give them too hard of a time, they can make trouble for you if you are violating your rent-controlled status (like by subletting). You might get kicked out, too.

To be legal, you must give them written notice and 30 days. And their being on the lease or not has no bearing on the situation at all. The lease only serves to put you in jeopardy.

Answer 4

Yes. If the lease deed is in your name, you and only you are the legal tenent and if your roommate is sharing your room he/she has no right of tenancy. File a petition under the Tenancy Law before the rent conntroller for ejectment of the your roommate. You can legally kick out your roommate.

Answer 5

Yes, by law if you have a room mate and he is not legally on your lease you may request that he leave the property and if he refuses on grounds of a vertbal agreement then you have to live up to your end unless he has not paid rent or has broken the verbal agreement you set forth....

Answer 6

you can give them notice that they have to leave the apartment. but you have to do it in the same manner as you would if they were on the lease. even if they are not on the lease, since they have established residency at the address, they are due formal notice giving them time to find a new place, and the formal notice also covers your butt should anything ever come up because of it.

Answer 7

Shouldn't have let someone not on the lease agreement move in to begin with. Most lease agreements have to be filled out on who all will live inside the rental unit.

Answer 8

YES...your room mate is not on the lease so that person can be considered an intruder..Uninvited guest that won't go home.. Call your rent controlled people and have them issue a paper that no one else is allowed in there. Maybe they can help you out

Answer 9

In NYC it should only take you six months to a year to get a court order putting your roommate out. You'd better get started now.

Answer 10

Yes you can legally kick someone out but you can also illegally evict them from their residence. Have you simply asked them to move out on free will? You better check on laws within your jurisdiction before you force them into a situation where they can bring a suit against you.