Posted by Fred Lappert on February 13, 2002 at 15:37:07:
In Reply to: Re: Down and Out Friend - not anymore..... posted by John F. on February 13, 2002 at 15:21:00:
Well sort of... one may potentially have tenancy rights without a lease, and the issue of payment of rent can get murky. In some cases possession itself for 30 days or more could potentially establish some rights -- at least the right not to be evicted without court process. But in this case, the person is a roommate and not a "tenant." Roommates are considered licensees and a tenant might have to go to housing court and commence a licensee proceeding (similar to a regular L/T case). But since the roomate/licensee has been there less than 30 days, those rights are questionable. Best to check with a good tenant attorney.
: Her name is not on the lease and she has not paid any rent, so she has no rights to the apartment, a court likely may not even want to listen to this as she is not a tenant so the eviction laws will not apply to her. Sure you can lock her out, but it's polite to give a written notice in advance, asking her to move items with in a day or two, and if not she will have to pay you a storage fee if she wants them later, then lock it, if she has a key then ask LL for permission to rekey your door. He may have some leftover mechanisms such that he can just trade your current one with another maybe at no cost to you.
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