Roomate Laws regarding evicting a drug addict roommate.

[tristessa]

I live in an apartment with my fiance where there is no lease. It's $500 a month and we have a roommate that pays $250 of that $500 to me and I go pay the landlord. I recently found out that he's a junkie and he's been shooting up in the apartment. I live in New York. What are the laws regarding evicting him? Do I have to give him 30 days notice although what he's doing is illegal and neither one of us has a lease with the landlord? Should I call the cops and let them deal with it after they find drugs and paraphernalia in his room? I'm worried about the safety of my fiance and I if I end up taking that route. I just don't know what the best way to go about this is. Please help!

 

[mightymoose]

Even if you call the police he could return to the residence after his arrest.
He has the same protections as you do when it comes to the residence and the same procedure must be used to remove him.
However, you could give him an ultimatum to be out by a certain date before you begin contacting police and start an eviction against him. That might speed things up... but if he has nowhere to go then don't count on it.
The lack of a written lease is not significant.

 

[tristessa]

So our best bet is to ask him to leave by the end of February(since he's paid this month), and tell him that if he does not, then we will get the police involved? And then we have to hope that he decides to leave, otherwise we have to file a legal eviction notice?

 

[Proserpina]

You may find that it's your landlord who needs to file for eviction.

 

[mightymoose]

If the rent is paid directly to the master tenant then they should have authority to bring the eviction.

 

[mightymoose]

So our best bet is to ask him to leave by the end of February(since he's paid this month), and tell him that if he does not, then we will get the police involved? And then we have to hope that he decides to leave, otherwise we have to file a legal eviction notice?

I don't know that it is your best bet, but it is a realistic scenario.
Understand that even if you call police there may not be much they can do without obtaining warrants and making personal observations. They can't search his room with only your permission.
Calling police might put some heat on him and persuade him to go.