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Roommate eviction help

NYC Housing Court Practice/Procedures

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Roommate eviction help

Postby roger12 » Sun Oct 02, 2005 2:15 pm

How do I go about evicting a roommate?
I have a lease on this apratment for about 10 years and have had few roommates during that time. Never had any serious problems with my roommates until now.
She moved in about two years ago and at first we were getting along fine. I should mention that she's not on the lease. She was always late with the rent but she'd always pay within two weeks of due date so I never made a big deal about it.
Problems started about 4 months ago when her boyfriend started pretty much living with us full time. He was there in the morning and at night and he'd sleep over every single night. I was tolerable of the whole situation because supposedly he was kicked out of his place and was looking for a new place. I told me that few weeks is fine as long as this doesn't become a permanent situation-which you guessed it did. Four months day after day I had two roommates instead of one. A little by little they started taking over my place and I had to react. I suggested they start looking for a place together, indirectly telling her that I will not tolerate this situtation any longer. That's where she started morphing into this bitch from hell and started being verbally abusive and overall just plain antagonistic towards me. So it brewed. Yesterday I asked her to turn the music down and she basically just went balistic and started coursing and yelling and acting out of her mind, and YES called 911-with these words: "This is X..., my roomate won't leave my room-please come".
At that point I told her to start looking for another place and she started yelling:
F... You, you can't kick me out, I'm not going anywhere, you can't do anything about it... and so on, and so on.
Five minutes after that she left and ten minutes after that police came in and basically realized who I'm dealing with. They gave me couple of advices and reffered me to Housing Court.
Needless to say I feel unsafe living in my own place with psychotic roommate. She's not someone you can have a reasonable conversation so my options are limited to a legal action here.
What do I do? How do I begin an eviction process? Any forms you can reffer me to.
Any help is greatly appreciated!
Be careful who you're letting into your house!!!
Thanks
roger12
 
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Location: New York City

Re: Roommate eviction help

Postby Aubergine » Sun Oct 02, 2005 3:41 pm

IMHO, "how do I evict somebody" is not a question for a tenant forum.
Aubergine
 

Re: Roommate eviction help

Postby lofter1 » Mon Oct 03, 2005 12:45 am

Th OP is a tenant. He is asking a valid question regarding his tenancy.

I suggest that you research on this forum.

You will have to give your roommate 30 days notice. And if she will not leave you will have to pursue action through the court.

You cannot legally lock her out or remove her belongings.
lofter1
 
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Re: Roommate eviction help

Postby lofter1 » Mon Oct 03, 2005 12:46 am

It would be advisable if you want this to happen quickly to get advice from an attorney so that you take the correct actions.
lofter1
 
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Re: Roommate eviction help

Postby CMurdock » Thu Nov 03, 2005 4:01 am

I guess you didn't have the courage to put your foot down and say, "sorry, he can't stay here". I'm not blaming you, as these are difficult situations and I might not have had the nerve myself.

I am not a lawyer but I have been to housing court a lot, and I am pretty sure that you have to give her notice and then take her to housing court. You should follow the same procedure as a landlord would follow. In your case, your roommate has no defense, since she has no lease, so she will have to leave. When you first go to housing court, you can get a handbook for landlords telling them how to bring a housing court action. You should follow most of the steps in that booklet, although not all the steps may apply to you. If you need in-person legal advice, go to the pro-se attorney's office in the court building and they will give you general advice. Believe me, there is a lot of help available if you look for it.

Now that's the legal way to do it. Here is the illegal way:

If, while your roommate is out of the apartment, you put her stuff out and change the locks, there would be little she could do about it since she has no rights to live there beyond the time that you gave her notice to leave. To protect yourself, you should put the stuff into storage. This is a nervy thing to do, and I'm quite sure it's not legal, but in desperate situations it is an option. By the way, your roommate has some rights in this situation (e.g., a right to notice), but her boyfriend has no rights at all. He's just an interloper.

A lot of people here will probably hate what I've just said, but my sister was once raped by her roommate, and getting him out quickly was imperative. When she found out that there would be few repercussions for just throwing him out, she did so, and I have always felt she did the right thing. Sometimes you have to do the wrong thing to protect yourself.

If you don't feel that you are in any danger from your roommate, then you should do it legally.

Caleb
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