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Old 02-10-2012, 09:05 PM
 
10 posts, read 75,982 times
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I have a friend who wants to kick her boyfriend out of the apartment. He doesn't pay rent or any bills. He's not on the lease. He moved in with her and lived there for about 1 year. If she wants to do this the legal way, how many days notice will she have to give him? What is the process she would have to go through? I know that she will have to either get someone else to serve him with the papers or sent it to him registered mail. Is there a generic eviction letter she can find online that is for nyc and she can just fill in? Thanks in advance.
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Old 02-11-2012, 02:43 AM
 
64,507 posts, read 66,075,955 times
Reputation: 42955
there is nothing they can do at this point.

they have to go through a formal court ordered eviction. even roomates are protected after 30 days.

In New York City, , if a guest has been living in the apartment for over 30 days, then the Unlawful Eviction Law prevents tenant or landlord from any self-help remedies to evict the guest, even if he’s not technically a tenant. See NYC Admin. Code 26-521.

http://codes.lp.findlaw.com/nycode/ADC/26/5/26-521

Last edited by mathjak107; 02-11-2012 at 03:50 AM..
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Old 02-11-2012, 05:21 AM
 
Location: Manhattan
20,126 posts, read 26,407,309 times
Reputation: 9021
Here's what you must do:

NYC Housing Court
(the link is right on point and step by step for a do-it-yourselfer.


Normally you must give the roomate NOTICE of TERMINATION and wait a 5-12 days except in the case of:
Quote:
When Not Required
You do not have to serve (give) your roommate a Notice of Termination if:
1. you and your roommate have an agreement in writing (a lease), and
2. the lease term has ended, and
3. you have not taken any rent money from your roommate since the date the lease ended.
If all of the above is true, you can start a roommate holdover case.
It sounds like you can just file for a HOLDOVER action with the court and dispense with the NOTICE. You can do it without a lawyer. However, if he has EVER paid rent your friend needs to give him NOTICE.

Of course before you go through all this your friend can ASK her boyfriend to leave with the "It's not you, its ME speech." Nothing beats an amicable breakup...no broken dishes.


Messy business.

Last edited by Kefir King; 02-11-2012 at 05:31 AM..
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Old 02-11-2012, 05:26 AM
 
Location: Lower east side of Toronto
10,589 posts, read 10,315,657 times
Reputation: 9271
You might have to 911 the jerk - Confront him firmly and ask him to get out...or else - of course give him some time...but be tough - IF when firmly confronted - He shows any sign of being a physical threat - verbally - or phyiscally - Leave the building and call the cops - Let the police know that you are "afraid" - If the guy is a passive little weasil...**** him off - a little unsavory and perhaps un-ethical - but it sounds like you have a pest problem...if you have roaches...you either leave or get rid of them.
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Old 02-11-2012, 07:09 AM
 
64,507 posts, read 66,075,955 times
Reputation: 42955
Quote:
Originally Posted by Kefir King View Post
Here's what you must do:

NYC Housing Court
(the link is right on point and step by step for a do-it-yourselfer.


Normally you must give the roomate NOTICE of TERMINATION and wait a 5-12 days except in the case of:


It sounds like you can just file for a HOLDOVER action with the court and dispense with the NOTICE. You can do it without a lawyer. However, if he has EVER paid rent your friend needs to give him NOTICE.

Of course before you go through all this your friend can ASK her boyfriend to leave with the "It's not you, its ME speech." Nothing beats an amicable breakup...no broken dishes.


Messy business.
nice link...
its explained nicely.
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Old 02-13-2012, 08:44 PM
 
10 posts, read 75,982 times
Reputation: 15
Thank you everyone for your feedback.


Quote:
Of course before you go through all this your friend can ASK her boyfriend to leave with the "It's not you, its ME speech." Nothing beats an amicable breakup...no broken dishes.
She tried that already. Asked him numerous times to leave because she doesnt want him there and he said he "ain't going anywhere." He doesn't work or anything so he sits home all day doing nothing.
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Old 02-15-2012, 12:29 PM
 
Location: Long Island, NY
7,846 posts, read 10,248,493 times
Reputation: 9176
Quote:
Originally Posted by Oleg Bach View Post
You might have to 911 the jerk - Confront him firmly and ask him to get out...or else - of course give him some time...but be tough - IF when firmly confronted - He shows any sign of being a physical threat - verbally - or phyiscally - Leave the building and call the cops - Let the police know that you are "afraid" - If the guy is a passive little weasil...**** him off - a little unsavory and perhaps un-ethical - but it sounds like you have a pest problem...if you have roaches...you either leave or get rid of them.

I have to agree with this method. At what point is a person "trespassing" when they've been asked to leave and they don't?
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Old 02-15-2012, 12:43 PM
 
Location: Brooklyn, NY born & raised!
2,593 posts, read 3,725,774 times
Reputation: 3497
If it was me I would have gone the angry girlfriend route, take his clothes, toss them out the window while he's out, and change the locks. He has to go out sometime.
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Old 02-15-2012, 07:43 PM
 
1,575 posts, read 1,423,663 times
Reputation: 3754
She's breaking the law if she does this, and he can call the police. I had a non-paying, crazy roommate who called 911 because she said she was afraid I'd throw her out, and the police had to come and investigate. These people plan ways to live for free at others' expense and seem to have no intention of ever working and paying bills.

Of course, the law doesn't require your friend to feed this jerk. I'd cut off my internet and cable and use the money to never eat at home. I might even remove the TV. His life as a squatter in my home would be devoid of frills.
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Old 02-16-2012, 07:23 AM
bg7
 
7,698 posts, read 7,627,262 times
Reputation: 14991
Hope she's looking to the future here also, and considers what kind of boyfriends she choses. 4 times out of 5 she'll pick another loser after she's got rid of this one for the same reasons she picked the first loser (he was cute or he had funny lines or she wanted to save him etc). Its amazing how people replay the same behavior time and time again. Anyway, thats a bit off topic, hope it works out for her.
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