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Re: Can I just kick out my nutty roommate?

Posted by TenantNet on March 11, 1997 at 21:48:35:

In Reply to: Can I just kick out my nutty roommate? posted by sorter on March 11, 1997 at 21:40:20:

: He's just a roommate, no financial or emotional
: interdependence and he's lived with me over two
: years.
: I just want to know the law. I'm not really sure
: if I could do it.
: He is a nut and I'm not comfortable living with
: him but the thought of kicking him out gives me
: pangs of guilt.
: The apartment isn't that big and I've always seen
: myself living with a lover and that is a possibility
: lately.

He's a "licensee" which means you've given him permission
to stay there in exchange for whatever payment you
both agreed upon. You can revoke that permission on appropriate
notice (probably 30 days), but you can not just kick him
out if he won't leave willingly. You would have to commence
a "licensee proceeding" in court just as a landlord starts
a case to evict a tenant. In NYC, if you don't go through
the court process, it can be a criminal offense; in other
areas it's just a civil offense. If you can negotiate
the parting, you both will be better off. If not, then
do it the right way.

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