Problem evicting roommate not on the lease

[Stanton99]

What is the name of your state? New York (New York City)

I have lived in my apartment for 3 years, and became the sole tenant on the lease when the former lease-holder moved out and I signed a new lease about 6 months ago. Before he moved out, we found a third roommate to move in based on verbal agreement. That roommate has now been here for one year, writing checks directly to the landlord, and I would like for them to move out so my friend can take their place.
The problem is, that person has indicated they will not move out in the 60-days time period I have given them, because they really like the area and can't find an apartment as nice. I am pretty sure I can not just physically move them out myself and change the lock without being in breach of law.

I am hoping for advice on how to get this person out of the apartment, whether before formally evicting them, and if a formal eviction is necessary, how is that accomplished? Do I need to have a legitimate complaint with the person to undergo this action??
Thanks-

 

[BL]

What is the name of your state? New York (New York City)

I have lived in my apartment for 3 years, and became the sole tenant on the lease when the former lease-holder moved out and I signed a new lease about 6 months ago. Before he moved out, we found a third roommate to move in based on verbal agreement. That roommate has now been here for one year, writing checks directly to the landlord, and I would like for them to move out so my friend can take their place.
The problem is, that person has indicated they will not move out in the 60-days time period I have given them, because they really like the area and can't find an apartment as nice. I am pretty sure I can not just physically move them out myself and change the lock without being in breach of law.

I am hoping for advice on how to get this person out of the apartment, whether before formally evicting them, and if a formal eviction is necessary, how is that accomplished? Do I need to have a legitimate complaint with the person to undergo this action??
Thanks-

You say he pays his rent directly to the Landlord , thus creating at least a month to month tenancy ( I presume he pays by the month ) .

It's out of your hands , unless you can get the LL to give proper termination , and possibly evictioning that tenant .

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html