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  1. #1
    kjdiehl is offline Junior Member
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    Evict roommate who's not on lease, in NY?

    I live in Astoria, Queens, NY.

    The renewed lease for the apartment, (signed Aug 1, 2006,) is in my name only. At that time, I took on a new roommate, and my landlord took his personal info, (phone #, name, references,) just for his records. My roommate and I only have a verbal agreement, (I indicated that I desired a "long term" roommate, but I was clear to never guarantee him anything; ) and I had purposely kept the lease only in my name in order to retain some control over the apartment. I've decided I no longer want to live with this person, and asked him to leave. He told me he cannot and will not leave. My reasons are merely personal; he pays the rent on time, and is reasonably clean and considerate of the apt. I realize I've made a poor error in judgement and decisions, but do I have any method to get rid of him? Do I need to involve my landlord? From browsing other threads, it sounds likely that I am likely considered his landlord, that he is month-to-month, and that I need to sue to evict him. Can I win a case to evict with no material reasons? Do I need to take it that far? Is there no simpler method?

    Thanks for your help.
  2. #2
    BL
    BL is offline Senior Member
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    Quote Originally Posted by kjdiehl View Post
    I live in Astoria, Queens, NY.

    The renewed lease for the apartment, (signed Aug 1, 2006,) is in my name only. At that time, I took on a new roommate, and my landlord took his personal info, (phone #, name, references,) just for his records. My roommate and I only have a verbal agreement, (I indicated that I desired a "long term" roommate, but I was clear to never guarantee him anything; ) and I had purposely kept the lease only in my name in order to retain some control over the apartment. I've decided I no longer want to live with this person, and asked him to leave. He told me he cannot and will not leave. My reasons are merely personal; he pays the rent on time, and is reasonably clean and considerate of the apt. I realize I've made a poor error in judgement and decisions, but do I have any method to get rid of him? Do I need to involve my landlord? From browsing other threads, it sounds likely that I am likely considered his landlord, that he is month-to-month, and that I need to sue to evict him. Can I win a case to evict with no material reasons? Do I need to take it that far? Is there no simpler method?
    Thanks for your help.
    MONTH-TO-MONTH TENANTS

    Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law 232-c)

    A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law 232-b)

    In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law 232-a)

    Alternatives ? Offer monetary insentive to move out .
  3. #3
    kjdiehl is offline Junior Member
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    Something else just occurred to me. Even though my name is the only one on the lease, my subletting roommate and I both write rent checks delivered in the same envelope to my landlord. Though I know my landlord doesn't care who the money comes from, (with former roommates he has taken one check and we all then dealt with the balancing of funds amongst ourselves,) and he makes the receipts out in my name only, does the fact that he accepts my roommate's check make him landlord to both of us, making only him capable of kicking either of us out? Or do I still technically have the say over whether to kick my subletter out? I'm seeing a lawyer on Wednesday to get a clear word, but if you have an idea in the meantime, I'd appreciate it.

    Thanks!

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