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kicking out a roommate not on the lease

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test

Junior Member
What is the name of your state? NY

I did a little reading on the NY laws after searching through this site and couldn't seem to find any real legal advice for my situation. I have a couple questions, but first here's my situation.

I have been renting a loft in Brooklyn for over 2 years. In Oct. of 2005 I decided to put an ad out in search for a new roommate. I got one and all seemed to be good. However, the last months have gotten ugly (for reasons I won't get into now), and today seemed to come close to throwing blows. I need this guy out of my place. He is not on the lease, he's just renting a room from me, paying cash from deposit until now (month-to-month). He's refusing to leave and appears to feel as if he has as much right to be here as I do.

Looking over the tenant/landlord laws, looks like a landlord can not force a tenant out accept through legal channels, ie: win a court eviction case against the tenant.

My question is, do those same laws still apply to me? I'm not the landlord of the building, just the name on the lease for this apt. He's renting the room from me.

Can I change the locks and put his stuff out in the hallway or maybe in a storage unit while he is at work? He's already starting to get violent, but has not laid a hand on me yet.

Can I call the police and have him removed since he's not on any lease agreement?

Please advise. Thanks.
 


justalayman

Senior Member
My question is, do those same laws still apply to me? I'm not the landlord of the building, just the name on the lease for this apt. He's renting the room from me.
You are his landlord and he is your tenant. You must follow the LL/T laws

Can I change the locks and put his stuff out in the hallway or maybe in a storage unit while he is at work? He's already starting to get violent, but has not laid a hand on me yet.
See 1st answer


Can I call the police and have him removed since he's not on any lease agreement?
see 1st answer
 

test

Junior Member
damn! and having no "lease" agreement or documentation of any kind still prohibits me from locking him out? Couldn't I just say he's squatting? It's his word against mine? My name is on the lease.
 

justalayman

Senior Member
You are on the lease between you and your LL.

In this case you are the LL and he is the tenant. You could try the squatting thing (I would not suggest it) if you want but if he has any proof he paid any rent you are a landlord and need to abide by those laws.

Now you did say somehing about him getting violent. I'm not sure if it would work but if you had reason to get a protective order/ restraining order I suppose that would require him to leave the apartment. Not sure how it would be recieved in court though.

The thing is you need to start eviction proceedings now..
 

HomeGuru

Senior Member
test said:
damn! and having no "lease" agreement or documentation of any kind still prohibits me from locking him out? Couldn't I just say he's squatting? It's his word against mine? My name is on the lease.

**A: Do a LOT more reading of the law.
 

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