One of my roommates has lived with me for 2 and a half years. She did not sign the lease, pay a deposit or sign any agreement with me. The apartment is mine, I'm the only one on the lease. Things are not working out (she's been violent to other people and is acting threatening towards me) and I have given her 30 days to leave. However she's acting as if she's not going to leave! And as if I have no right to do this. I've spoken to my landlord and he has confirmed she's not on the lease (which i knew anyway) and says that there is nothing he can do and that this is between me and her. As leaseholder I believe I have to right to ask anyone to leave for any reason as long as i'm giving them sufficient notice. Please help me! If she won't get out, what can I do??
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
evicting a roommate not on the lease
- Thread Starter Praha
- Start date
- Status
Malibu_Barbie
New Member
If it were me, I'd give her the option of collecting her things and getting out, threaten to place her belongings outside the home if she refuses, or call the police and have her escorted out. If you do have to call the police for escort, be sure to have a copy of the lease and all utility bills to show them, which reflects that you are the legal tenant and solely named on the lease and utilities, as well as the fact that there's no lease agreement between the two of you and that you feel threatened by her behavior (briefly explain each incident also). Just make sure you don't refer to her as a "tenant" ... she was just "living with you", and now you feel threatened by her behavior, so you want her out.
Malibu_Barbie
New Member
Oh, I would also consult my landlord about new door locks ... buy some temporaries if you have to and have the proper tools on-hand before you officially demand your roommate to leave. Immediately after she leaves or after you place her belongings outside, change the locks. If you have to call the police for escort, ask the officer to stay until you've changed the locks. Then, immediately notify your landlord that you have changed the locks, and ask whether he/she/it will allow you to keep the locks and just provide an extra key, or what is permissible.
Also, if you feel that your roommate will become violent if you demand that she leaves right then or threaten her with placing her things outside or calling the police, then I would just go ahead and call the police and explain her violent temperment. Just have the docs. I suggested above with you when the police arrive.
Also, if you feel that your roommate will become violent if you demand that she leaves right then or threaten her with placing her things outside or calling the police, then I would just go ahead and call the police and explain her violent temperment. Just have the docs. I suggested above with you when the police arrive.
thanks for the advice Malibu Barbie! The situation has gotten much worse now. The other roommate that originally supported me has turned on me (he's not on the lease either!) and they're threatening to throw out my furniture tomorrow when i'm at work. And they've threatened, and admitted to already doing this, to hurt my cats if i don't put them in my room! It's insane...
Malibu_Barbie
New Member
Hun, in that case, I would call the police immediately and have them both escorted out. If either of them try to break into your house afterward, then call the police again and report it.
annetteb822
New Member
you can't just throw her out
I am going thru the same thing. The police told me that if my roomate has been there more than 30 days, then there is an oral contract, and that makes me his landlord and that I can't just "throw him out". And it is against the law to change the locks. They could take you to Housing Court and sue you. My research with the Housing Court tells me that it is hard to evict someone for issues other than nonpayment-which can still take a long time. I am still going to try and do it, but I am going to do everything the legal way, so the housing court does not rule is his favor. Now if there is a physical assault, then definitely call the police over and have her arrested. But she will still be entitled to come back, i think. But it would help your eviction case. I filed a harrasment report at the police station, but I wish I had called them to the apt when my roomate shoved me. I'm going to the Housing Court for advice on how to evict him properly.
I am going thru the same thing. The police told me that if my roomate has been there more than 30 days, then there is an oral contract, and that makes me his landlord and that I can't just "throw him out". And it is against the law to change the locks. They could take you to Housing Court and sue you. My research with the Housing Court tells me that it is hard to evict someone for issues other than nonpayment-which can still take a long time. I am still going to try and do it, but I am going to do everything the legal way, so the housing court does not rule is his favor. Now if there is a physical assault, then definitely call the police over and have her arrested. But she will still be entitled to come back, i think. But it would help your eviction case. I filed a harrasment report at the police station, but I wish I had called them to the apt when my roomate shoved me. I'm going to the Housing Court for advice on how to evict him properly.
This is true. Most people think that you can just change the locks and then get caught when they illegally evict someone -- IMHO a rather rude irony in many situations. You are correct about evictions and the procedure, which can take longer than it should, but you should also get a restraining order as well. Below is an interesting article on "summary proceedings" - the procedure which is supposed to expedite the process of moving out that bad tenant - and a discussion of recent New York amendments to the Real Property Actions and Proceedings Law.annetteb822 said:
annetteb822
New Member
30 day notice
Update: Housing Court in NYC told me that my roommate is considered a month-to-month tenant because his name is not on the lease and there is no written agreement between us. Because he has lived there more than 30 days (over 2 years actually), I have to give him a 30 day notice and that it has to be served properly....not just mailed to him or handed to him by me. I hired a professional legal service company which served him the 30 day notice of termination of his month to month tenancy. Served on 1/24 which gives him the entire month of February to move out. Of course, he was furious and said he was not going anywhere and that it would take me a year to have him evicted. The H.C. attorney told me not to accept rent from him in February because that would continue the month-to-month lease. If he doesn't leave (and he's not), then when the 30 days are up, I can back to H.C. and file a petition to have him evicted. He will get a notice and in about 2 weeks from 3/1, we have to go to court for the judge to tell him he has to leave. THIS IS WHERE MY WORRIES REALLY START! I'm sure he will give the judge some excuse as to why he should stay, or that he needs a lot more time to find a place. I'm just hoping the judge won't give him anymore time. I'm going to tell the judge he owns a home in upstate new york, so it's not like he's homeless. He's not married, no kids, so there should really be no excuse for him to be allowed to stay any longer. *FINGERS CROSSED* Also, the H.C. attorney told me that the judge will tell him that he has to pay me "use and occupancy" for having stayed there in February and however else long he is there.
Update: Housing Court in NYC told me that my roommate is considered a month-to-month tenant because his name is not on the lease and there is no written agreement between us. Because he has lived there more than 30 days (over 2 years actually), I have to give him a 30 day notice and that it has to be served properly....not just mailed to him or handed to him by me. I hired a professional legal service company which served him the 30 day notice of termination of his month to month tenancy. Served on 1/24 which gives him the entire month of February to move out. Of course, he was furious and said he was not going anywhere and that it would take me a year to have him evicted. The H.C. attorney told me not to accept rent from him in February because that would continue the month-to-month lease. If he doesn't leave (and he's not), then when the 30 days are up, I can back to H.C. and file a petition to have him evicted. He will get a notice and in about 2 weeks from 3/1, we have to go to court for the judge to tell him he has to leave. THIS IS WHERE MY WORRIES REALLY START! I'm sure he will give the judge some excuse as to why he should stay, or that he needs a lot more time to find a place. I'm just hoping the judge won't give him anymore time. I'm going to tell the judge he owns a home in upstate new york, so it's not like he's homeless. He's not married, no kids, so there should really be no excuse for him to be allowed to stay any longer. *FINGERS CROSSED* Also, the H.C. attorney told me that the judge will tell him that he has to pay me "use and occupancy" for having stayed there in February and however else long he is there.
- Status
Share this page
