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How to Evict a Roommate in New York

It all probably started out well enough. A couple of friends decided to become roommates to share expenses or a friend asked to move in because he or she needed a place to stay. Things were fine for awhile, but after time, they started to go downhill and now it's time for the roommate to leave. Except he or she won't go. So what to do? How is a roommate evicted in New York?

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Evicting a New York Roommate is Tricky

As living expenses rise, more people are living together as a way to save money. As a result, more people are discovering that living with a roommate is not all it's cracked up to be. Some roommates want to party all night. Others think house rules apply to everyone but them. In New York, getting rid of an obnoxious roommate, though, depends on a number of factors.

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Is the Roommate on the Lease?

If the roommate is on the lease, then the only one with the authority to throw out the roommate is the landlord, but even a landlord needs a legally valid reason to throw someone out if that person is on the lease. These reasons usually include not paying rent, using the home for illegal purposes or otherwise breaking the terms of the lease in some way.

The exception to this is if the roommate is threatening or is violent against any members of the home. If this is the case, then a court can issue a restraining order and the roommate must leave immediately.

It's worth remembering that a roommate on the lease is actually a co-tenant and has much right to live in the rental space as anyone else on the lease.

Now What?

Unfortunately for people who live in New York, options are limited if the roommate is on the lease. Asking him or her to leave is an option, but this doesn't always work and can lead to more conflict.

If the roommate signed an agreement outlining rules of the house, everything from noise limits to cleaning duties and he or she breaks the agreement, then he or she probably cannot be evicted but can be sued for damages in small claims court.

Examples might include the roommate having loud parties that keep others in the home from getting work done or the roommate not paying his or her share of the utilities.

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While these situations could be grounds for suing, the risk is suing may anger the roommate but not enough to make him or her move out.

Talking to the landlord to see if he can get the roommate to budge is an option, but most landlords are content to leave things be as long as they are getting their rent and their property is not being damaged.

An exception might be if the landlord sees that the roommate is breaking the lease in some way, such as selling drugs from the home (illegal use of the property) or has a dog when pets are specifically forbidden in the lease.

This can be tricky, though, because the roommate could claim that the dog belongs to everyone in the home and the landlord could decide to evict all roommates. In New York, this is particularly true if a lease has a joint and/or several liability clause, which essentially means that all the tenants on a lease can be held responsible for what other tenants do.

The landlord might be a reasonable person (or corporation), though, and decide to evict only the roommate. If this is the case, it will take time. The landlord must follow the law, which involves giving the roommate notice of the eviction and time to remedy the situation.

For example, if the grounds for the eviction are that the roommate has a dog and pets are forbidden according to the lease, then the landlord has to give the roommate adequate time to find the dog a new home. If the roommate does this, then he or she cannot be evicted. He or she can stay in the home and chances are he or she will not be a happy camper.

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It is possible, too, that the roommate may just ignore the eviction notice and decide to stay in the home. In this case, the landlord will have to go to court to ask a judge to tell the roommate to go. If the judge agrees, then the sheriff will come to escort the roommate out of the property. If, though, the landlord loses in court, then the roommate can stay.

Things That Cannot Happen with Regard to a New York Roommate

No matter how annoying a roommate is, there are things that the state of New York cannot be legally done to make him or her vacate the home.

For example, he or she cannot be threatened and his or her personal property cannot be stolen. Locks on the home cannot be changed so that he or she cannot access it. If any of thing occur, the person doing them could be looking at criminal charges. No roommate is worth that.

Is the Roommate Not on the Lease?

If the roommate is not on the lease then there are more options for getting rid of him or her.

This can be tricky, too, though. If the roommate is not on the lease because he or she came to stay without the landlord knowing, then others in the home might be the ones breaking the lease terms and end up facing eviction.

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If, though, the roommate has the landlord's express or implicit permission - many landlords will let a girlfriend or boyfriend stay in the home without signing the lease, or they will turn a blind eye to an extra tenant - then the roommate can be evicted.

In New York, there are, though, rules to follow. Even without his or her name on a written lease a roommate is still treated as if he or she has a month-to-month lease. New York requires that a roommate receive a termination notice stating that he or she has 30 days to find a new place to live and move out. Please verify this timeframe with New York attorney as eviction laws may change.

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To do this, though, another person in the home must be considered the master tenant, meaning that he or she is the one sending the rent checks to the landlord. If the roommate sends the checks, then everyone else in the home are the ones who can be evicted. If everyone sends rent checks, then the roommate cannot be evicted.

A master tenant still needs "just cause," meaning a valid reason, to evict a roommate, such as not paying rent or doing something illegal in the rental.

The termination notice must be put in writing and a third party should serve it to the roommate. A copy should be kept for records.

If the roommate ignores the eviction notice or thinks he or she has grounds to stay in the unit, then a process called a roommate holdover proceeding takes place in court. When this happens, the evictor should state his or her case clearly and present any relevant documentation. He or she should also prepared to be stuck with the roommate and have to pay his legal costs if he or she wins the case.

If the landlord is aware of the roommate and he is a decent sort, then an option might be asking him to help evict the roommate. The downside with this that is the landlord - even a tolerant one - might just decide to evict everyone in the home and start fresh. He would have legal grounds to do so if the roommate is not on the lease because and the lease has been broken by having an illegal tenant.

Bottom Line

The bottom line is evicting a roommate in New York is not easy. Evicting anyone is not easy, even for landlords with solid legal grounds. It is a complicated, contentious and often costly endeavor.

Get Help

Ask a New York Eviction Law Question, Get an Answer ASAP!

If, though, it is time to evict a roommate, then it is a good idea to talk to an experienced New York eviction lawyer before proceeding. One small misstep could mean the roommate is not the only one having to look for a new home.

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