Legal Question in Real Estate Law in New York

Roommate Eviction

I asked this before... but forgot to

mention that my roommate is not on

the lease and we have nothing but a

verbal agreement (which he has

broken already) as far as a contract...

I have an abusive roommate I want

to leave at the end of the month who

has both caused damages in the

apartment that will require his

deposit and has broken his promise

to stay for a year (forfeiting his

deposit)... even though I have a new

roommate moving in at the

beginning of next month, he refuses

to leave without his deposit!

Again, we have no written contract

and he is not on the lease.

HELP!!!


Asked on 3/26/09, 10:05 am

1 Answer from Attorneys
Avi Naveh

Re: Roommate Eviction

If there is no written agreement, your roommate is a month to month tenant. You can give 30 days notice in writing for him to leave. However, after 30 days if they still do not leave, you will have to seek other options to evict him.

Your best option is to have the landlord assist you or go to court to get a warrant of eviction. If you try to forcibly remove the roommate yourself, then he could sue you for damages relating to the unlawful eviction.

Read more
Answered on 3/26/09, 10:25 am


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