Evicting a Roommate NYC ?

[eltremendo]

What is the name of your state (only U.S. law)? NEW YORK (NYC)

HI, I currently have a roommate and he lives with his girlfriend in the room.
They are not in the lease but i made them sigh a roommate agreement between us in which they were supposed to pay me weekly .
I would like to evict them because they are paying when ever they want and the amount they owe me now is way too much .

From reading on https://www.nycourts.gov/Courts/nyc/housing/holdover_roommate.shtml

i understand i would have to start a holdover case , but in order to do it i will have to give them "The Notice of Termination",
and for my convenience in order to give this notice i will have to have some one else to give it to each of them , "Serve".
For instance if i use my friend , when he gives them the notice my friend will have to fill out two "affidavit of service" and notarize them .

What i am confused is , since my roommate are supposed to pay me every Tuesday (weekly) , for the termination day do i have to give them 30 days or anything after 7 days ( last day of a rental period )? ? ? ? ?
for instance , if the person serves them on a Monday 2/20/17 , thats mean the termination day has to be on the 27th (2/27/17) or has to be 30 days later .


now lets say i have already gave them the "The Notice of Termination" each , and i have copies of the "affidavit of service" for both , whats left is to go to the housing court to get an index and the court day.The court day has to be between 5 and 12 days after delivery (“service”) , The Notice of Termination by my friend ?

Please advise thanks in advance.

 

[kittyusa2014]

What is the name of your state (only U.S. law)? NEW YORK (NYC)

HI, I currently have a roommate and he lives with his girlfriend in the room.
They are not in the lease but i made them sigh a roommate agreement between us in which they were supposed to pay me weekly .
I would like to evict them because they are paying when ever they want and the amount they owe me now is way too much .

From reading on https://www.nycourts.gov/Courts/nyc/housing/holdover_roommate.shtml

i understand i would have to start a holdover case , but in order to do it i will have to give them "The Notice of Termination",
and for my convenience in order to give this notice i will have to have some one else to give it to each of them , "Serve".
For instance if i use my friend , when he gives them the notice my friend will have to fill out two "affidavit of service" and notarize them .

What i am confused is , since my roommate are supposed to pay me every Tuesday (weekly) , for the termination day do i have to give them 30 days or anything after 7 days ( last day of a rental period )? ? ? ? ?
for instance , if the person serves them on a Monday 2/20/17 , thats mean the termination day has to be on the 27th (2/27/17) or has to be 30 days later .


now lets say i have already gave them the "The Notice of Termination" each , and i have copies of the "affidavit of service" for both , whats left is to go to the housing court to get an index and the court day.The court day has to be between 5 and 12 days after delivery (“service”) , The Notice of Termination by my friend ?

Please advise thanks in advance.

If you have proof that they're on a WEEKLY basis you can give them 1 week notice, but also might qualify for 3 day notice such as either PAY or QUIT often landlords are using this method for tenants who are behind on rent . To serve the paper work you can use your friend who is over 18 and US citizen and not on the case or better option use SHERIFF , they usually come within the next 2 days plus it is more official , if you don't have money you can ask for fee waiver ... just keep it in mind that eviction might take up to 2 months .. if your roomates don't want to ruin their history than they should get it right away and move out after official notice, but they might play dirty games and try to postpone eviction as long as possible, for example they can file cross complain ( which will give them an extra 10 days ) than they might claim that notice wasn't serve or etc so in that case you will need to start over .. also it is a good idea to call the police and tell them that you want to evict a roomate, so that they could come to your apt and talk to them as well as create a police report

 

[eltremendo]

If you have proof that they're on a WEEKLY basis you can give them 1 week notice, but also might qualify for 3 day notice such as either PAY or QUIT often landlords are using this method for tenants who are behind on rent . To serve the paper work you can use your friend who is over 18 and US citizen and not on the case or better option use SHERIFF , they usually come within the next 2 days plus it is more official , if you don't have money you can ask for fee waiver ... just keep it in mind that eviction might take up to 2 months .. if your roomates don't want to ruin their history than they should get it right away and move out after official notice, but they might play dirty games and try to postpone eviction as long as possible, for example they can file cross complain ( which will give them an extra 10 days ) than they might claim that notice wasn't serve or etc so in that case you will need to start over .. also it is a good idea to call the police and tell them that you want to evict a roomate, so that they could come to your apt and talk to them as well as create a police report

Thanks for the advice ,

i made them sign a paper in which stays the rent was doe every Tuesdays and i have text messages showing the were paying weekly.
When you said use a SHERIFF to serve them , do you know how much they charge ?

 

[FarmerJ]

If you were to be paid week by week then you can give them a week notice to get out . BUT first I suggest if you share a mail box with them to go rent a mail box somewhere else for you to use so your mail is not tampered with then send to them each a on paper notice that says your name, address , date, and one to him in his name and one to her in her name, and something as short as `this is your notice to vacate (address) by (date) and sign it and send them say via confirmed mail delivery.

 

[eltremendo]

If you were to be paid week by week then you can give them a week notice to get out . BUT first I suggest if you share a mail box with them to go rent a mail box somewhere else for you to use so your mail is not tampered with then send to them each a on paper notice that says your name, address , date, and one to him in his name and one to her in her name, and something as short as `this is your notice to vacate (address) by (date) and sign it and send them say via confirmed mail delivery.

They do not have access to the mail box , i only had one key so i was the only one that checked the mailbox.

 

[kittyusa2014]

They do not have access to the mail box , i only had one key so i was the only one that checked the mailbox.

Don't give them a key! It is a BIG NO .. cause otherwise they can slowly "turn" into legal tenants . To serve the papers with sheriff it is about $35-40 depends on state .. and my advice, take their "promises" etc in written , write down on paper and make sure they sign it . If you give them a 3 day notice etc you can post it on their door and take a picture. when you will go to court to pick up the forms, they will also give you some instructions, also each court has self-help where you can ask questions and ask for help .. eviction isn't a very complicated process you just have to make sure that you follow every step and also be prepared for worth .. remember the best proof is piece of paper , not just words ... you don't know what your roomies will decide to do later , maybe they will try to screw you over

 

[quincy]

Don't give them a key! It is a BIG NO .. cause otherwise they can slowly "turn" into legal tenants . To serve the papers with sheriff it is about $35-40 depends on state .. and my advice, take their "promises" etc in written , write down on paper and make sure they sign it . If you give them a 3 day notice etc you can post it on their door and take a picture. when you will go to court to pick up the forms, they will also give you some instructions, also each court has self-help where you can ask questions and ask for help .. eviction isn't a very complicated process you just have to make sure that you follow every step and also be prepared for worth .. remember the best proof is piece of paper , not just words ... you don't know what your roomies will decide to do later , maybe they will try to screw you over

If you are going to provide information and advice on this forum, you must provide state-specific information and it must be accurate. You do not help anyone by making things up.

 

[eltremendo]

If you are going to provide information and advice on this forum, you must provide state-specific information and it must be accurate. You do not help anyone by making things up.

Quick update, i have found a service processor so process the termination notice to my roommate.

While i am in this process , i noticed my mailbox was forced opened , broke in . And going through the survillance video i saw my roommate who broke into it.
i called my local precinct to see what i can do and all they said was to go to housing court.

any suggestions?

 

[quincy]

Quick update, i have found a service processor so process the termination notice to my roommate.

While i am in this process , i noticed my mailbox was forced opened , broke in . And going through the survillance video i saw my roommate who broke into it.
i called my local precinct to see what i can do and all they said was to go to housing court.

any suggestions?

Breaking into someone else's mailbox is a federal offense. You can report the mailbox tampering to your local postmaster.

https://postalinspectors.uspis.gov/radDocs/tipvandl.htm