Eviciton Roommate? (York: apartment, lease, eviction)

[Elisa333]

Hello and thank you for being gonline.
Facts: I have a lease in my name and did take in a guest. Month to month. Two month only. The guest confirmed in WRITING that she will be leaving per end of October. Since she has mental and financial issues I fear that she will not leave and that she'll get help from social organizations to support her case.
Questions:
Has she the right to stay?
Have I the rigt to lock her out as of November 1st?
Do I have to get a court order for eviction in case she does not leave?
Based on her written note I have signed up with a new roommate per November 1st. What is my situation here if the first one does not leave?

I am European - just moved here. This seems to be my Hello-New-York-Initiation.
Thanks for your help.

[modsquad81]

Any "guest" that stays past 30 days has to be evicted via LL/Tenant court. This would be a holdover proceeding. You cannot legally lock her out. I would offer money for her to get out, much easier then proceeding through the court system. Expect to wait 2 months to get a warrant that allows you to have her physically removed. Sorry.

[abrown17]

But this guest is not on the lease and the poster is not a landlord. Do those rules still apply? I would think this guest would not have any legal rights.

[modsquad81]

Originally Posted by abrown17

But this guest is not on the lease and the poster is not a landlord. Do those rules still apply? I would think this guest would not have any legal rights.

If this person can prove prime residency for 30 days or more then they need to be evicted legally. They may not have the right to stay there but they have the right to due process. That is their "legal right".

Regarding the landlord. If OP decided to walk away from the apartment for what ever reason, the guest or sub tenant would become the LL's problem if they remained.