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Posted by MikeW on November 15, 2001 at 14:32:29:

In Reply to: Re: How to get a roommate out posted by Blue Zephyr on November 14, 2001 at 22:46:45:

The info on the notice form came from a pro se attorney in housing court.

: First of all, you are in the right, and she is wrong. She WILL have to move. MikeW basically told it right, but some clarifications are in order. You do have to give the roommate written notice, but not on any special day. You just have to allow one full rent cycle. In other words, if the rent is due on the 1st, and you give her notice today, she must leave by Dec. 31st. The notice does not have to be any special form, can just have today's date, your address, her address, "Dear X, effective Dec. 31st, 2001 our roommate arrangement will end. Please make arrangements to move out by that date. Signed, your name". Send it certified mail. Note you do not need to include any reason in your letter. If she does not leave by that date, take her to court - you will win, she will not just be kicked out but will get slapped with a judgement to pay you money too. You'd need to visit the housing court and talk to the pro se attorney about the specifics of doing this.

: You may be tempted to just wait till she leaves one day, then throw her stuff out in the hallway and change the locks. While you could do this, if she has anything in her name at that address (bank statement, phone bill, etc) she could get a cop and come back in.

:
: : 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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Comments:
: The info on the notice form came from a pro se attorney in housing court.

: : First of all, you are in the right, and she is wrong.  She WILL have to move.  MikeW basically told it right, but some clarifications are in order.  You do have to give the roommate written notice, but not on any special day.  You just have to allow one full rent cycle.  In other words, if the rent is due on the 1st, and you give her notice today, she must leave by Dec. 31st.  The notice does not have to be any special form, can just have today's date, your address, her address, "Dear X, effective Dec. 31st, 2001 our roommate arrangement will end.  Please make arrangements to move out by that date.  Signed, your name".  Send it certified mail.  Note you do not need to include any reason in your letter.  If she does not leave by that date, take her to court - you will win, she will not just be kicked out but will get slapped with a judgement to pay you money too.  You'd need to visit the housing court and talk to the pro se attorney about the specifics of doing this.

: : You may be tempted to just wait till she leaves one day, then throw her stuff out in the hallway and change the locks.  While you could do this, if she has anything in her name at that address (bank statement, phone bill, etc) she could get a cop and come back in. 

: : 
: : : 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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