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How to evict nonpaying roommate

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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How to evict nonpaying roommate

Postby NoMoreAds » Sat Oct 15, 2022 11:08 pm

Hi,
Asking for a friend! Seriously! LOL
I have a neighbor who speaks Spanish and needs help – thought I would ask here as this board has helped me in the past.
Neighbor is leaseholder on a rent stabilized lease in Brooklyn. They rent a room sometimes to a person who shares the bathroom. Said person is not paying rent. Neighbor wants them out.
Personal details – Neighbor is a young couple with 2 small children. Renter is a deadbeat who has access to their living space to use the bathroom. Neighbor doesn’t feel safe in current situation.
In terms of housing court language, is this a “roommate” situation? Is roommate holdover proceeding where this will fall under?
If neighbor goes to housing court alone, are there people who speak Spanish available?
Any current estimates on the courts and how long something like this could take?
Once the courts can help get the deadbeat roommate evicted, how might my neighbor be able to get the past due rent? Would this be housing court or civil court?
Thanks for your time and any advice I can share. And if you know of any web pages in Spanish I could share that would also be great.
NoMoreAds
 
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Re: How to evict nonpaying roommate

Postby TenantNet » Sun Oct 16, 2022 1:12 am

If this has anything to do with your 33 other posts, please post in those threads.

The person renting a room - assuming the prime tenant still lives there - is a roommate. Some call it a licensee or under-tenant, but basically that person is a roommate. The law is written to allow tenants to have roommates, not restrict them, and doesn't deal with removing them.

Removing a roommate is like any other landlord-tenant issue. The neighbor is acting as a landlord. Whether it's a regular non-pay or holdover, or licensee case, they must follow procedure, i.e., service of papers, etc. You can't just hand court papers to the person. If done improperly, the case could be dismissed.

Yes, the courts usually have Spanish interpreters on call. As far as we know, the courts are still backlogged, how much, we don't know.

Rent can be sought as part of the eviction, or later in a civil case. Collecting is always an issue. And the roommate can assert defenses and counterclaims, just like any tenant.

That's about as far as we can go. Remember, this site is for tenants, not landlords. Your neighbor should consult with an attorney, and do things by the book. Don't take shortcuts that may be illegal.
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Re: How to evict nonpaying roommate

Postby NoMoreAds » Sun Oct 16, 2022 11:56 am

As always, great advice and speedy advice! Thank you!
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Re: How to evict nonpaying roommate

Postby NoMoreAds » Sat Feb 11, 2023 5:53 pm

I was in a follow up mood! Ha!

My neighbor called our councilman's office where they were able to speak to someone in Spanish and gather information.
The bad tenant finally moved out at the end of the month.
My neighbors lost 3 months rent and decided not to go after the deadbeat - they were so happy he left.

Sometimes I wonder how anyone navigates through housing issues without the help of this board!
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Posts: 35
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Re: How to evict nonpaying roommate

Postby TenantNet » Sat Feb 11, 2023 8:58 pm

Glad it worked out.
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Information from TenantNet is from experienced non-attorney tenant
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