How to evict a deadbeat roommate?

Question

I'm asking this question for a friend of mine in NYC. She allowed a friend from college to move into her spare bedroom in April. This person was not added to her lease. They then proceeded to only pay their portion of rent sporadically while going on carribean vacations. They also were a complete slob and caused a rodent infestation in the apartment.

My friend discovered she was two months pregnant in September. She told her roommate and informed them that they needed to relocate by December 31st. Her "roommate" has yet to move out of her home and told her at her babyshower that it wasn't her fault my friend got knocked up, she can't find an affordable place and she is not leaving til she does. She also claimed that my friend can't throw her out because she has since repaid all the back due rent. But he isn't on the lease. How can my friend get this person out of her home before her children's birth? What are the laws in NYC? What rights does this person have?

Answer 1

Well first of all, she needs to give the person a three day pay or quit notice if she/he fails to pay the rent. Secondly, she will need to legally remove this person. For example, she has to give this person 30 days notice...in writing. She also should charge for the clean up of the rodent infestation etc. If the tennant isn't on the lease legally the law is definitely on her side.

(I had an unfortunate situation similar to this one). My border finally left (without paying the rent) but also wanted her deposit back. She didn't get it because she left with several of my things as well and her lovely ex husband threatened me physically, so she got herself into a world of trouble. I only found out later how much she had stolen from me. ; (

Someone should look up the laws in NYC on the internet. If she lives in a building that requires this other person to be on the lease and they haven't or refused to be put on the lease, then she can probably ask for help from the rental agents. Below are three sites I found in a couple of seconds when I typed in NYC rental laws. I feel for her and wish her good luck!

Answer 2

Perhaps your friend should check with her landlord. If it is OK with the landlord, I would think she could simply change the locks on the apartment door, and leave all of the "roommates" possesions outside of the apartment. I can't imagine the roomie would have any legal recourse whatsoever since they aren't on the lease. However, I would caution her to check her lease first, because sometimes there are clauses in leases which do not permit people other than those named on the lease living in the apartment. Depending on her landlord, this alone might get her into some trouble.

Answer 3

Kick the bum out right away. Don't prolong the situation. Do it now. Pronto. The longer the freeloader hangs out in the apartment the more difficult it is going to be to get rid of her. Apartments are getting tougher to find everyday in NYC. Red Hook in Brooklyn used to be a dive, now it's build up. Same is true with Park Slope. The city is even fixing up Far Rockaway. Oh, just get rid of the bum or she'll become more arrogant and belligerent as the days go on.

Answer 4

Well I know that typically if a person receives mail at the apartment/home then kicking them out is a little trickier because that establishes residency. But even so you can still kick them out it just takes longer. It shouldn't be too difficult to prove that they don't belong their especially if their name is not on the lease. I would call the local non emergency police line and find out about the laws for evicting someone. Best of luck to you and your friend and that dead beat defiantly needs to go!!!

Answer 5

you have many options; a; talk to the LL [landlord. Tell him you will return if it is acceptable. b; give the LL a 30 day notice of intent to leave. [presuming you are now on a month to month tenancy] c; on the last day, when SHE is sure to not be there, have the exit walk-through. Get an OK--nothing out of the ordinary, security deposit to be returned in 15 days. d; leave. e; find a different apt for a month to month tenancy. f; since you will not be paying the rent in the vacated unit, the LL will have to evict your HOLD over tenant roommate. g; within 15 days, the hold over should be gone and the keys changed. call to confirm. h. Sign a new lease to move back in. ---------or......... i. find a person to take over your space with the unit called a "sandwich" tenant. That person is YOUR real tenant as you leave. That person can deal with the psycho ex-roomie. regardless, unless I am missing something, within 15-25 days of your lease being over, and you gone, the LL will have your roomie gone and that particular nitemare gone. available to guide you further

Answer 6

give her 30 days notice to vacate. that is the law . Since your friend is subleasing to this deadbeat, she can treat him/her as her tenant.

give her in formal writing, 30 days to vacate. Then if she hasn't found a place to live, call the police to have her junk/stuff moved into storage, and then she'll be responsible for storage fees too.

Answer 7

Give her a week to find a place. If she is not out, tell the landlord and let him throw her out. I don't think it's legit to have her there in the first place for so long .

Answer 8

pack their cloths for them open the door and throw them out.

Answer 9

Kick her out. I suggest genetically-altered ferrets...