Roommate responsibilities - Legal obligations (New York, York: apartment, lease, eviction) - City-Data Forum

shaggy33 · 10-07-2008, 07:01 AM

I currently have a lease in a 2 bedroom apartment. I am the sole lease holder (from a previous situation with the Landlord - they wanted one person to be responsible - not 2).

I'm currently in a very toxic situation with a horrible roommate - not cleaning, no respect for others, barely paying for bills, causing fights - generally making it extremely uncomfortable to remain there.

Does anyone know my legal obligations to this "tenant"? Do I have to allow him to remain for any length of time? Do I have to allow him to stay until the lease is over, or can I give him notice and change the locks to have him out?

I've been in the apartment for 1.5 years, this person just over 6 months. I have other responsibilties pending, and I don't need to deal with his aggregation any longer.

I can say that there are other issues involved - he's younger, and tends to start fights when he doesn't get his way. He's trying to get "others" involved. Not sure what that means, but as long as I can be sure that I'm legally able to give him 1-2 months notice and kick his butt out, I'd like to.

Landlords are not involved (nice couple, like us both, don't know the diseased situation upstairs, but they wouldn't mind either of us staying - but, I did find it, and I am the lease holder)

Anyone in similar situations - either side of the story? Looking for any advice/direction towards what I can/can't do.

Thanks!

nyctc7 · 10-07-2008, 09:48 AM

I am not a lawyer, but my understanding is as follows. Anyone, other than your spouse or minor child, who is not on the lease is either a guest or a month-to-month tenant. A guest can be kicked out at any time without notice. If your roommate has been paying any rent at all, even if he has missed payments, he is not a guest. So he is a month-to-month tenant. Month-to-month tenants can be kicked out for virtually any reason with 30 days written notice. Make sure that you have evidence that the notice was delivered--a certified letter or at the very least an e-mail that you can print out.

There are certain situations where you don't need to give the 30-day notice, for example if you think your safety is in jeopardy. That doesn't appear to be the case here, in such a case the police would probably get involved.

dixiecupdrinking · 10-07-2008, 08:06 PM

I am also not a lawyer, but this ^^^ seems correct to me.

Also keep in mind, your legal obligations are only as strict as the likelihood that this guy is actually going to take you to court. The expense of that, in time and money, would probably not be worth it for either of you. I'd say, tell him he's got 30 days to get out, and see what happens.

I_Love_LI_but · 10-07-2008, 09:11 PM

Quote:

Originally Posted by nyctc7

A guest can be kicked out at any time without notice.

Unfortunately, that depends on how long the guest has been staying with you. If the guest has been staying with you for more than 30 consecutive days, the guest has "rights" to be in the apartment and if the guest will not leave willingly, you must go through the legal eviction process just as if the guest were a tenant. I am not kidding here. I know some people who had guests stay too long and refuse to move and when the police were called and informed that the guests wouldn't leave, guess what? The police said the guests had legal right to stay there and had to be formally evicted. I have heard of this happening in NYC and Florida. Don't know about other areas; maybe they are different. As for month-to-month tenancy, sure it is general practice to give 30 days' notice. However, that's no guarantee they are going to leave. If the tenant WON'T VACATE THE PREMISES, you have to go to court.

I_Love_LI_but · 10-07-2008, 09:18 PM

Quote:

Originally Posted by shaggy33

IDoes anyone know my legal obligations to this "tenant"? Do I have to allow him to remain for any length of time? Do I have to allow him to stay until the lease is over, or can I give him notice and change the locks to have him out?

Since you are the sole leaseholder, your roommate is your subtenant. If you, yourself, do not have a written lease with your roommate specifying a length of time that he is able to live there, he is your month-to-month tenant. You do not need to allow him to stay until YOUR lease is over. The length of YOUR lease with the landlord is none of his business and he has no legal right to stay with you. Your best bet in this situation is to give him 30 days' notice. Hopefully, he will find something else and leave. If he does not, you will have to take him to court. Changing the locks and locking him out is illegal and he can call the police on you and they may make you let him back in. He could also sue you for it (but usually people don't sue roommates over this, they sue landlords because the homeowner is where the money is).

Good luck and I hope you get a better roommate next time!

nyctc7 · 10-08-2008, 09:02 AM

Quote:

Originally Posted by I_Love_LI_but

Unfortunately, that depends on how long the guest has been staying with you. If the guest has been staying with you for more than 30 consecutive days, the guest has "rights" to be in the apartment and if the guest will not leave willingly, you must go through the legal eviction process just as if the guest were a tenant. I am not kidding here. I know some people who had guests stay too long and refuse to move and when the police were called and informed that the guests wouldn't leave, guess what? The police said the guests had legal right to stay there and had to be formally evicted. I have heard of this happening in NYC and Florida. Don't know about other areas; maybe they are different. As for month-to-month tenancy, sure it is general practice to give 30 days' notice. However, that's no guarantee they are going to leave. If the tenant WON'T VACATE THE PREMISES, you have to go to court.

Wow. Guess this comes under the heading of "No Good Deed Goes Unpunished." A quick search of the internet and I find conflicting information, but definitely some that supports the idea that a guest can acquire rights that an owner or leaseholder might never have foreseen. Here is from the New York City Administrative Code:

§ 26-521 Unlawful eviction. a. It shall be unlawful for any person to
evict or attempt to evict an occupant of a dwelling unit who has
lawfully occupied the dwelling unit for thirty consecutive days or
longer or who has entered into a lease with respect to such dwelling
unit or has made a request for a lease for such dwelling unit pursuant
to the hotel stabilization provisions of the rent stabilization law
except to the extent permitted by law pursuant to a warrant of eviction
or other order of a court of competent jurisdiction or a governmental
vacate order by:
(says what you can't do)

Note that in the first sentence it says "occupant." Occupant could mean anyone, not just the person on the lease. And "lawfully occupied" could mean anyone who has permission to stay, not necessarily an owner or leaseholder, but indeed, a guest. This seems to support what I_Love_LI_but has written above.

MARYcity · 11-20-2010, 06:25 AM

Does anyone know the statutes regarding a similar situation? The person above calls them a "sub-tenant". I am wondering if I am not the "Landlord" to my roommate, since I am the only one on the Lease for the house, and do the state guidlines for Landlords apply to me then?
Thanks

MARYcity · 11-20-2010, 07:03 AM

I would also like to mention I currently have a nighmare roommate who did give a thirty day notice but is refusing to pay rent and will not allow me to show the room to prospective tenants and the police are taking his side on entry. I need to get a new tenant and need to find a way to exercise what I believe are my legal rights to show the room with a 24 hour notice.
Thank you again.

modsquad81 · 11-20-2010, 07:17 AM

Not sure what the local laws are but both of your problems need relief by a court order. If tenant refuses entry on 24 hour notice you have to go to court to force the tenant with the help of the authorities honor his obligation.
Likewise to evict a subtenant who can prove prime residency for more then 30 days you need to go to court. He has a right to due process. You should have a lawyer file for you. If the papers are defective in any way the judge will likely dismiss, they tend to look out for tenants rights as opposed to "landlords".

modsquad81 · 11-20-2010, 07:42 AM

Quote:

Originally Posted by MARYcity

Does anyone know the statutes regarding a similar situation? The person above calls them a "sub-tenant". I am wondering if I am not the "Landlord" to my roommate, since I am the only one on the Lease for the house, and do the state guidlines for Landlords apply to me then?
Thanks

In NYC this would be a sharing situation. You would not be considered the ""landlord" in any legal proceeding. That's why it's important to have a lawyer file for you. If you filed as landlord vs. tenant the papers would be thrown out as they are defective.