Legal Question in Real Estate Law in Nevada

Re: eviction of roommate

According to NY Real Prop. Actions & Proceedings Law sec. 711, a tenant is anyone in possession for more than 30 consecutive days and all tenants "shall not be removed . . . except in a special proceeding." A person with non-exclusive right to possession is not a tenant but a "licensee" (recent cases have included domestic partners in this category) and you "may" bring a proceeding against such a party (RPAPL 713). While it could be argued that your roommate has less than tenant rights, I am dubious that a patrolman is going to make that call and remove a person with clear, continuing possession as a trespasser. I believe you need to serve a notice and possibly take roomie to court. I can be reached at 516-780-0270 if you wish to discuss this further.

Re: eviction of roommate

If I understand you correctly, you've rented a house whereby you are the sole lease tenant. However, you allowed another person to reside with you. If this is the case, then the other person has no legal right to remain once you ask him to leave. If this person refuses to leave then a simple call to your local police department charging trespass should resolve your problem.

Good luck.