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Have to go through formal eviction

Posted by MikeW on November 14, 2001 at 12:15:56:

In Reply to: How to get a roommate out posted by Anonymous on November 14, 2001 at 11:14:34:

Well, you can't just throw her out. Since she's been there more than 30 days, you have to go through the formal notification and eviction process.

Since she is not on the lease and you have no written agreement with her, she is essentially a month to month tenant of yours, so you can tell her to leave with 30 days notice. This has to be done at a certain time of the month (usually when her rent is due) and on a certain form (that you can get down at housing court). It also has to be served by someone other than you.

If after the 30 days she refuses to leave, you can start a holdover proceeding (eviction) in housing court. If it gets to this point, get a lawyer. They usually have a fixed fee for handling this, somewhere in the $3-400 range, when I last had reason to check.

: Hello all,
: I live in NYC in a rent stabilized apartment. I am the only one on the lease and have had the same roommate for about 2 years. Unfortunately, things have soured and now she is refusing to leave the apt. My question is, what legal rights, if any, do I have in ensuring that she vacate the apartment? She is not on the lease or any of the bills if that helps. Thanks in advance.

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