Roommate without a contract - NYC

[toybek]

What is the name of your state (only U.S. law)? New York - New York City

I live in a one bedroom apartment with a roommate. My roommate lives in the bedroom and I live in the living room. The apartment and bills are on my name. When I rented out the bedroom there was no contract between me and my roommate. He pays the rent on a monthly basis.

For the last few months he's been making a lot of noise with a guest that he brings. His guest sometimes takes a shower in the bathroom that is shared with my roommate. I talked with him about the noise and his guest, but he still keeps making noise and bringing his guest. After all that I decided not to have a roommate anymore. So I told him to move out as soon as possible and it's been more than a month since I told him that. He's giving me an impression that he doesn't want to move out.

What can I do in this situation? Do I have to take him to court to evict him or can I just call police since he has no contract with me?

Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? New York - New York City

I live in a one bedroom apartment with a roommate. My roommate lives in the bedroom and I live in the living room. The apartment and bills are on my name. When I rented out the bedroom there was no contract between me and my roommate. He pays the rent on a monthly basis.

For the last few months he's been making a lot of noise with a guest that he brings. His guest sometimes takes a shower in the bathroom that is shared with my roommate. I talked with him about the noise and his guest, but he still keeps making noise and bringing his guest. After all that I decided not to have a roommate anymore. So I told him to move out as soon as possible and it's been more than a month since I told him that. He's giving me an impression that he doesn't want to move out.

What can I do in this situation? Do I have to take him to court to evict him or can I just call police since he has no contract with me?

Thanks

You have to follow the state procedures to evict him.

 

[STEPHAN]

You have a contract - just not a written contract.

How often does he pay rent?

 

[BL]

NYC give written 30 days notice to vacate for month to month .
Name the tenant - Tenan't's address.
Dated and signed . No reason needed.
If they do not ,then eviction through the court. Do not take self help as in NYC you could find yourself jailed.

http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf