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I'm the sole person on my lease in a rent controlled apt., can i legally kick my roommate out??
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I'm the sole person on my lease in a rent controlled apt., can i legally kick my roommate out??


Additional Details
I live in nyc, and she has lived in apt. for 6 years.


    




San Diego Art Nut
depends on the laws in your city and state. Usually an informal tenancy is month to month. You can boot him with a months notice. Unless he agrees to a monetary deal where you buy him out for a shorter time.


DrScissorhands
Rating
yup, your roomie is just a free loader, I don't see why you cant kick em out.

They not on the papers, or paying, they are simply a weight on your shoulders.....commence to kicking.


Miranda M
Rating
You fool.....why are you ILLEGALLY moving someone in? Only the courts can evict someone - legally.


james love
Rating
Yes. If the lease deed is in your name, you and only you are the legal tenent and if your roommate is sharing your room he/she has no right of tenancy. File a petition under the Tenancy Law before the rent conntroller for ejectment of the your roommate. You can legally kick out your roommate.


turtledove264
Rating
Yes, by law if you have a room mate and he is not legally on your lease you may request that he leave the property and if he refuses on grounds of a vertbal agreement then you have to live up to your end unless he has not paid rent or has broken the verbal agreement you set forth....


rhardfrumnc
NO,,ACCORDING TO THE LAW,,YOU MUST EVICT HER,,,SHE IS ALSO A LEGAL RESIDENT THERE.


kenoa9
Absolutely,boot in the butt.


Mere Exposure
Yes you can legally kick someone out but you can also illegally evict them from their residence. Have you simply asked them to move out on free will? You better check on laws within your jurisdiction before you force them into a situation where they can bring a suit against you.


paul r
Rating
if she pay rent ,u cant ,u have to get a court order.its a one month or 2 process


Big Jim
Rating
Shouldn't have let someone not on the lease agreement move in to begin with. Most lease agreements have to be filled out on who all will live inside the rental unit.


Fruit Cake Lady
Rating
You have to take her to court to do it. After that long, she definitely is a resident there as well.


Yak Rider
Rating
In NYC it should only take you six months to a year to get a court order putting your roommate out. You'd better get started now.


eatmorec11h17no3
Yes, you can. Good luck :)


jy9900
Rating
Yo must serve this person with an eviction notice.(usually 30 days) because he/she has established a residency there.


whatelks67
you can give them notice that they have to leave the apartment. but you have to do it in the same manner as you would if they were on the lease. even if they are not on the lease, since they have established residency at the address, they are due formal notice giving them time to find a new place, and the formal notice also covers your butt should anything ever come up because of it.


luckydo6
your name is on the piece of paper which means you are responsible for anything that goes on its up to you


normobrian
Man, are most of these people stupid, or what? You can EVICT them by going to the courthouse and getting an eviction notice. Then they will have 30 days to move out. During that time, you cannot change the locks or touch their stuff. If they don't leave after 30 days, you have to call the police and have them removed.

Anyone who lives in your house as a resident (gets mail there, has personal belongings, etc) is a resident, whether they pay rent, are late in rent, or whatever. If you sublet to this person and you illegally evict them, they can sue you for 'treble damages'. That is three times what the court says you owe them. This mostly applies only in NY and NJ (maybe somewhere else, too).

If you give them too hard of a time, they can make trouble for you if you are violating your rent-controlled status (like by subletting). You might get kicked out, too.

To be legal, you must give them written notice and 30 days. And their being on the lease or not has no bearing on the situation at all. The lease only serves to put you in jeopardy.


Portia P
You have to evict them. Type up a eviction notice and get it notarized. I don't know what state your in so I don't know how many days, weeks, notice you have to give him or her.


nymetsking
Rating
If you have nothing on paper to legally bind them, you can kick them out with absolutely no reason and with no notice.


lena
Yes No questions asked I'm a landlord of several properties. talk to Your landlord and he can help you.


ducksoup
yes.


mcdannells
To my understanding it may not even be OK for you to have a roommate unless your landlord OKed it.
So yes you are legally OK too...to my understanding...


mailjunkie123
Rating
Depends on what State and your contract and your roomates.....


Lea
Rating
YES...your room mate is not on the lease so that person can be considered an intruder..Uninvited guest that won't go home.. Call your rent controlled people and have them issue a paper that no one else is allowed in there. Maybe they can help you out


Accountant Bob
Rating
Yes, but you may need a notice of eviction from the court


Heinz M
Rating
Yes! (may depend on state laws)


Pantherempress
Rating
Yes but give them 30 days notice to be safe. Be careful you don't get caught with having a roommate, that should be a violation of your lease.


Mo L
Rating
As long as there is no written document (with a witness) saying your roommate can stay for X amount of time. (I suggest two weeks notice to keep it safe...)


lost
your damn right!


Penguin
Rating
Alright, a sole person. How about some music?





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