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Removing a roommate not on the lease

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

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Removing a roommate not on the lease

Postby finn2002 » Mon Oct 21, 2002 12:10 pm

I recently gave a roommate 30 days notice to move out of the apt. I am the only tenant on the lease. I am well aware of her rights as an established resident (& what i can do w/ civil court if she doesnt leave) but not sure of mine in the meantime.
Here is the deal: I gave written notice, to which she responded with a note telling me she would be out in thirty days. a day passes & she gets all worked up, then leaves me a second note telling me not to "threaten her" or force her out, & that if she needs to stay after her 30 days, she will.
Now, here is where it gets tricky. I am using part of her security to take out the last few days (as she will be out 3 days after the first of the month). I spoke to a friend who is an attorney & he told me to keep those notes in a safe place, & if she isn't out when she said she would be, I could bring them out. I don't want to threaten anyone...how do I "use" these notes? Do they have any leverage to my situation, since I gave her 30 days & she acknowledged that with her notice?

(complicated, huh?)
finn2002
 
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Joined: Mon Oct 21, 2002 1:01 am
Location: New York City

Re: Removing a roommate not on the lease

Postby MikeW » Tue Oct 22, 2002 12:37 pm

Actually, I think it's pretty irrelevent. It really doesn't matter what she says. It sounds like you know the drill. Once her 30 days are up, you file for an eviction. This is really all that you can do. You don't need any evidence, as long as you have a witness to the service of the 30 day notice (you do, don't your?). The eviction is based on the fact that she's a month to month tenant, that's all you really need.
MikeW
 
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Joined: Tue Mar 05, 2002 2:01 am
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