Legal Question in Landlord & Tenant Law in New York

roommate eviction...

I am living with a roommate who is/was my boyfriend, in which my name is the only one on the lease, his is not. He has not paid rent once for the past 7 months and refuses to pay. I've tried calling the police to remove him from my apartment but they claim they are unable to do so. Is there a form that i can present to him showing that i would like him to move out. I've told him verbally plenty of times but now i need paperwork. Please help.


Asked on 12/14/07, 10:36 am

2 Answers from Attorneys

NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: roommate eviction...

If you live anywhere in NYC or LI you should consult with a lawyer who has plenty of landlord/tenant experience. Evicting a roommate is not as simple as you think, and if you do not do it correctly you will end up wasting a good deal of time and money. Whatever you do, do not just change the locks or prevent his access.

The foregoing is for informational purposes only and is not legal advice.

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Answered on 12/14/07, 10:51 am
Steven Czik CZIK LAW PLLC

Re: roommate eviction...

If he does not leave voluntarily, the only recourse you have is to initiate a summary proceeding for eviction. NYS has very strict guidelines as to the procedure that must be followed for such an eviction, as such it is highly reccomended that you retain the services of an attorney to represent you. This area of law is our specialty, and we do have reasonable rates, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 12/14/07, 1:10 pm


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