Roomate Evicting a roommate under special circumstances

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analogthought

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Okay, so I've read several forums about this and can't seem to find an answer that specifically applies to my particular situation. I currently live in a multi-unit apartment complex that has a lease under the name of a friend who subleases to me and am going on one year as of the end of this month. Her expressed intent was for me to live in the apartment and manage roommates, bills, etc as head of household. The management company of the complex is aware of the situation, but I never signed any documentation when I moved in (they're a more laid back company I suppose, but via telephone conversations between myself and the company and communication between the person whose name the lease is under and them, I know they're aware that I'm the head of household tenant/contact, etc. since I'm the third sublease tenant). I found a roommate who my friend (the one whose name is on the lease) knows as an acquaintance. After 4 to 5 months this roommate began heavy drinking and abusing drugs. He mostly stayed in his room but eventually started trashing the house, paying rent late and all the other usual habits of an addict. I attempted several times to speak to him to no avail- which left me with leaving him a note stating that he had until September 15th to find a new place (which gave him almost 2 months... yes I'm too forgiving, have known him for a long time and hoped he'd get it together). I took a photo of the note posted to the door. I also have several text messages verifying his very negative and dramatic response to this note and being asked to leave. All of that said, the person who has the lease in their name lives across the country, but has stated that she will do whatever she needs to do in order to help me with getting this person out if it came to that. I have photos documenting some damage (oil stains from a moped in the hardwood floors) as well as the state the house was left in after several drug and alcohol fueled benders (trash everywhere, cigarette ashes, etc) as well as texts documenting the dates/times beyond the 1st that he claims he paid his rent(I should maybe also note that we previously paid rent together until he began paying it late, at which point I notified the landlord via text which I still also have stating that we'd pay separate so it was clear who would need to cover the late fee - but with the understanding that I would cover whatever needed to be covered ultimately as it was my responsibility). Now that it's the beginning of September and he's made NO progress to find a place... where would I go from here in order to evict him from the apartment? He has no lease, so I understand that he is considered a tenant at will - I'm fairly certain any attempts to have to him sign anything would be moot... and given the amount of anger he expressed when initially being told to move (to the point that I almost felt compelled to call the police at 4am), it's to be assumed that he will in no way go willingly and likely make my life hell until he's gone. I'd like to also add that I'm currently a student with not a lot of cash floating around to spend on this. Any direction is greatly appreciated as I'm at my wits end with this. (one post stated to go to the municipal court and get a packet of info, but if it's what's available online as a pdf there is no info on this type of situation - plus I don't really have the money to pay for an attorney to speak with to get advice) Thank you in advance for any help!
 
Google eviction, YOUR COUNTY, NY and you'll see how difficult it will be and how much longer before he could be legally booted by the sheriff.

The entire process will be revealed, do evict by the numbers, or you'll be forced to start over and over and over. Mistakes won't be allowed.

He MIGHT be gone by Thanksgiving, if you're lucky, maybe President's Day, 2015 if you've messed up or become unlucky.

Good luck.
 
@Army judge - I've done that and only come up with some very vague wording about tenant-at-will situations. And for what it's worth, I'm in Georgia, not NY. h t tp:/ /w ww.dca. ga. gov/housi ng/HousingDevelopment /programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf - That is the info I've found using google- direct from my states site... but again, there isn't anything that discusses my particular situation. If my name was on the lease I'd be having a dialog with my landlord while filing completing the process myself, but I don't want to go through all that for nothing if I have little to no rights as a subleasing tenant with no lease in my own name, despite intent by the name on the lease for me to serve as master tenant in her absence. And telling me how much longer at the earliest before he's out doesn't really help me. I'm quite aware this isn't something that happens overnight... and even if it was Feb 1 of 2015, I'm almost okay with that just knowing that there's an end in sight.
 
Substitute GA for NY.
The property owner or the tenant on the lease must evict him.
But, you knew that.
There's no way around that.
Yes, evictions do take that long.
Those notices YOU gave him, mean nothing.
That's why it takes so long.
The authorized party must give the notice.
That's why he has made, and is unlikely to make an attempt to leave.

But, make it easy on yourself, you can leave.
Or, get an authorized party to start the lawful eviction process.

So, an AP gives legal notice on Monday.
The 60 day clock starts.
The eviction action can be filed sometime in November.
Hence, the lucky by T'giving comment, more likely he's out sometime in 2015.
Yeah, good luck.
By the way, don't get upset with me, your landlord, or the property owner.
YOU allowed HIM to move in with you.
This is YOUR problem, pal, not mine.
I love my roommate.
She's also my wife.
Continued good luck, bub.
 
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@army judge - whoa dude, not angry at anybody at the moment. Just looking for some advice on a website called thelaw dot com that I thought might provide more info than what I'm able to find via ask.com, yahooanswers.com or any other random q&a site. I thought maybe a site dedicated to individuals seeking information about very specific and often overcomplicated processes and procedures might shed more details than what is available elsewhere. I'm not ignorant to the process as a whole, am well aware of the many hoops that it involves and the time needed to accomplish what is seemingly a feat of great efforts. I don't think I indicated anywhere that I was placing blame on you or that you asked my roommate to move in nor have insinuated that this is your problem in any way. My point here is that I'm seeking constructive information that pertains to my specific circumstances. @anyone else - If you have anything to add that I haven't already discussed or mentioned that is actually useful information I'd appreciate it immensely. Even if there are sources or contacts that could be of more assistance or a directory of such that would be helpful. Thanks again in advance!
 
Your issue is not unique in a roommate situation but, as already been pointed out, filing for a dispossessory affidavit (Georgia's version of an eviction; we use strange language in this state for legal matters) requires that the LANDLORD or a legal representative of the landlord file for all of this.

In other words, as a roommate (and this is what you are since you pay your share of the rent and he pays his, each to management and you two have nothing in writing to establish a landlord/tenant relationship between the two of you) you have no legal right to begin the process of evicting him even if you claim to be head of household in this rental property.

So...unfortunately, you can tell him to move but legally he doesn't have to listen to any such request you make. Sorry...

Gail
 
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