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Posted by TenantNet on October 02, 1996 at 21:06:38:

In Reply to: kicking out roommate not on the lease posted by Brad Rohrer on October 02, 1996 at 17:43:00:

: What are the rules governing kicking a roommate who is not on the lease out of an apartment. I am the only one who is named on the lease but the other person has lived there longer than me.

In a way you're the landlord here (but not exactly). Apparently the previous
tenant gave the roommate permission to stay there as an occupant and you
continued that permission. You would have to revoke that permission,
preferably in writing with sufficient notice (I think 30 days might
be required). If he refused to move you cannot take matters into your
own hands (that would be illegal onn your part). You would have to
commence a "licensee proceeding" in Housing Court. It can be complicated
and you may need legal help. See if you can negotiate a good way to settle
any differences and his orderly leaving.

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Comments:
: : What are the rules governing kicking a roommate who is not on the lease out of an apartment.  I am the only one who is named on the lease but the other person has lived there longer than me.

: In a way you're the landlord here (but not exactly). Apparently the previous
: tenant gave the roommate permission to stay there as an occupant and you
: continued that permission. You would have to revoke that permission,
: preferably in writing with sufficient notice (I think 30 days might
: be required). If he refused to move you cannot take matters into your
: own hands (that would be illegal onn your part). You would have to
: commence a "licensee proceeding" in Housing Court. It can be complicated
: and you may need legal help. See if you can negotiate a good way to settle
: any differences and his orderly leaving.



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