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how do i evict roommate who is not on lease?

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minx439

Junior Member
What is the name of your state?What is the name of your state? New York

I am currently living with one roommate with my name being the sole name on the lease.

I have told her that Feb. 28th (giving her over 30 days to find a new apt.) needs to be her move out date even though the lease ends April 30th. She has become hostile and aggressive for reasons unknown to me. The bottom line being I no longer want her in my apartment and would like advice on how to proceed with "evicting" her.

I have reviewed my lease and it does not mention anything about not being able to have a roommate. I have not mentioned the situation to my landlord as I assume they have no authority since she is not on their lease.

She and I did not sign any agreement between the two of us, but since it is "my" apt I assume that I can ask her to leave whenever I please. She has paid for January so I have given her the option of staying thru February. She has refused to leave and said she will not be pushed out.

We split the rent in half each month and write our checks directly to the landlord. I was not going to accept her check for March 1 if she is still in the apartment. I am curious what my rights are if it comes to that and I have to remove her.

Can you please advise on the best way to proceed with removing her from the premises? What about changing the locks? Is it considered trespassing if she refuses to leave?
 


minx439

Junior Member
Enasni: i am confused by your response?

thank you for including the attachment to that similar issue - does anyone else have other helpful suggestions?
 

ENASNI

Senior Member
minx439 said:
Enasni: i am confused by your response?

thank you for including the attachment to that similar issue - does anyone else have other helpful suggestions?

Okay I am getting a little punchy, I guess it wasn't you reposting as someone else. It was just so coincidental.

You read the other thread, you have to start eviction proceedings. Start with the written notice.

Here is another link
http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

Sorry, I am just tired. Long week.
 

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