11:17:42 | 2012-06-28
(New York, NY) — That difficult moment where you and your roommate hit an irreparable impasse, where the final straw has broken the camel’s back and it is time for you to throw your roommate out.
But what can you do? If they did not have their name on the lease or any of the utilities, then he or she is simply a guest in your home and you can ask them to leave at any time. While it is probably not the route you wanted to go down, if they refuse to leave, they have no legal right to remain in your home, and a call to the police can expedite the eviction process.
But what if your roommate is on the lease or other recognized elements of residency, such as utility bills in his name, or if he receives mail at this location, or many of the other recognized elements of residency, it gets far more complex. In order to evict a roommate who has established residency, you must use the court system to evict your roommate, even if he or she is not listed on the lease as a tenant.
In order to evict your roommate, one good way to start is writing a letter, asking your roommate to leave. By putting your request in writing, it creates a paper trail for if and when you go to court. According to New York state law, you must give your roommate at least 30 days to vacate. The next step one must take is to file an eviction lawsuit with the New York City housing court in order to start an official eviction proceeding. Threatening your roommate will only hurt in this case as you will be the one in legal trouble as a result of that. The next step is to call the police and ask them to forcibly remove your roommate if they remain in your home more than 72 hours after receiving the eviction notice.
After all of that occurs and your day in court arrives, come prepared with all communication that has occurred between you and your roommate, as well as the lease which shows that you are the rightful owner of the property and shows that your roommate has no legal grounds on which to stay. While this is a costly and messy process no one wants to go through, the only way to have complete rights to stay is if you are the one whose name is on the lease.