Can I kick out my roommate?

[Diharrel]

The situation with my roommate has become intollerable. He had I have never gotten along - but now, he is becoming verbally abusive. The apartment is in my name (he had bad credit - so that's why the apartment and bills are in my name), the bills are in my name. He pays half the rent and utilities and has never been late (once a while ago, his check bounced). He and I have lived together for three years. I would like to give him two months notice to find another apartment, but I don't know if he has any recource against me. Does he have squatters rights? His father is a lawyer - mine is not.

[HAJ77]

The best option would be a friendly chat asking him to move out (and I stress asking). After that you would need to get a court ordered eviction, which could take months and based on your situation would require a qualified attorney with experience in landlord/tenant law, also the fact that almost all the rent has been paid on-time and in full is going to maek this process more difficult.
Given the fact that you are in a regulated apartment (or at least posted to that part of the forum) and your roommate will have legal help, you should be very careful, and I can't stress this enough, because you could end up causing yourself more legal trouble by trying to illegally evict him, and by no means change the locks or otherwise block him from the apartment that is against the law and he could call the police.
Here are a few links to that may give you more information, but I would seriously consider talking to an attorney before you act.

http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=4;t=000044#000000

http://tenant.net/Rights/illevict/illevict.html

http://www.housingnyc.com/resources/attygenguide.html#12

http://www.housingnyc.com/resources/faq/roommates.html

[Diharrel]

Thank you for the information. It was very useful. I am going to serve him with a 30 day termination - and then brace myself in case I have to ask for a Holdover proceeding. Question though - is a home office (runs a business from home) reason enough to evict?

[Diharrel]

I have no agreement with my roommate. We were going to draw something up - but he never got around to it. We also have no verbal agreement.. we just live as roommates. Is that better for me? I just received a very verbally abusive email from him which I can use as evidence - right? Is verbal abuse reason to evict?

[HAJ77]

Since you have lived together for 3 years there is an implied agreement, at some point you must have verbally agreed on the amount of rent, but I am not sure if that helps or hurts your case. As for being abusive, remember that if he ever threatens you or physically abuses you, call the police immediately, any judge would not look kindly on domestic abuse (even if you are not a couple, the same rules apply to roommates). I agree with me again that a home office is not going to buy you much, especially in this day when almost everyone has some type of work space at home. From what you've descirbed it sounds like you need to treat him as a month to month tenant, which should make the process of getting him out a bit easier. Again, I think you need legal advice to protect yourself, remember that you are now acting as his de facto landlord and are governed by Landlord/Tenant laws.

[Diharrel]

I am willing to go to court over this matter - if I am confident I have a good chance to win. I tried calling Legal Aid today and they informed me that they help evicted people and not people trying to evict them. I called the Bar Association and asked for a referral - but I am not rich enough to pay a lawyer a lot. I'll do all the leg work - does anyone have a recommendation? Should I record the verbal abuse? What about the fact that he took out money from last month's rent check because he didn't like my nagging?

[MikeW]

Dana,

If you hold the lease, and there is no written or provable verbal agreement, you can terminate his tenancy in your apartment at will. You do not have to have a reason. The fact that you want him out is reason enough. However, if he won't leave voluntarily, you will have to go through the legal process to get him out. This includes the formal 30 written notice (which has to be given at a certain time on a certain form). If he still doesn't leave, you'll have to file a holdover action in housing court.

[Diharrel]

Thank you. I've done some research and am waiting to talk to a lawyer. I am willing to go to court and fight for this. I just would like to know if I have a chance to win. Is there a precedence for cases like this? One roommate kicking another out for verbal abuse and just general nastiness?

[Lilly]

Since you are the only tenant named on the lease, and since you do not have any aritten agreement with him, yes you will prevail, but you must first go thru the legal process. Be sure to ask the court that he pay "Use and Occupancy" (rent) while you are in court.

[Brooklyn Babe]

Dana,
The bottom line is that as the leaseholder your roomate is considered your tenant by license. With him having no written lease, the courts consider him a month to month tenant, therefore he is to be given 30 days (i.e -have him served with the 30 day notice to quit by Oct. 30 to terminate his tenancy on November 31) to vacate. If he does not vacate in that time, you must start a holdover proceeding where a judge orders him to leave, as without a lease he has no defense. You do not need a "reason" to evict him, his character has little bearing on the situation. The law is clear regarding the termination of month to month tenancies, especially in roomate situations.
By the way, although the process seems intimidating there is no reason you can not handle this "Pro Se" on your own. Go to your local Housing court and meet with the "Pro Se" atty to get a coupla of pointers. They will be much more helpful the Legal Aid...
Best of Luck

[Diharrel]

Thank you for your help. I talked to my roommate last night and told him the situation. He chose to ignore me and doesn't believe that I have the right to evict. I'm filling out the 30 day eviction notice right now -- and I have another question. When filling out the form, I put his name down as the tenant (because I'm evicting HIM)... but, should I put down his name and then under his business name? or just his name and address? Would it help me to put down his business in case I need it later?

[MikeW]

Dana,

I don't have a direct answer for you. However, if you go down to housing court, they have a pro se attorney on staff to answer these types of questions. I'd get all your questions together, and go down there.