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Old 06-02-2010, 06:33 PM
 
4 posts, read 9,788 times
Reputation: 10

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Terrible roommate, not doing anything illegal but truly a roommate from hell (unhygienic, mooch, disrespectful of property, etc). I am the leaseholder for the apartment and he pays me for the use of one room. There is no residential/commercial agreement between us and nothing on paper (he paid in cash). He has been here for nearly three weeks and will have a rent payment in approximately ten days. What are my options for removing him from the apartment hastily? I am looking for alternatives to a waiting game in which i ask him to move out and he takes too long to do so. This is in New York City, where squatters apparently rule. Thanks!
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Old 06-02-2010, 07:18 PM
 
4,502 posts, read 11,964,596 times
Reputation: 4066
I wouldn't take anyone's possessions and put them at the curb. One, you can get in a lot of trouble for it and you WILL be sued. Two, it's a rotten thing to do. Three, how would you feel if someone did that to you????? Four, the guy may very well beat you into a bloody pulp for messing with his stuff or have someone beat you down.

You allowed this person in as a renter. Your best bet is to sit down with him, person to person, and tell him you no longer want him living there and he has until _____ to move out. Have a prewritten agreement for him to sign. If he is not out by that date, change the locks on your apartment, pack his belongings and leave them in his room. Make sure you have someone there with you for when he comes back. When he arrives, tell him all his stuff is packed already and you need it out NOW.

One thing you may have a problem with, though. Even though you're the tenant of record, he's lived there for 30 days and can claim residency. If he does that, you're going to have to go to court to evict him.

Oh, and by the way, he's not a "squatter"... he paid you rent and that makes him a rent paying tenant.
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Old 06-02-2010, 07:24 PM
 
Location: Beautiful Pelham Parkway,The Bronx
8,475 posts, read 20,321,052 times
Reputation: 6343
Really not a nice thing to do to someone who hasn't intentionally done anything to harm you.That would be really creepy.
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Old 06-02-2010, 08:56 PM
 
4 posts, read 9,788 times
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granted, though i didn't really enumerate the full extent of the roomer's indecency as i'm looking for constructive advice on how to bypass the conventional eviction process - putting his stuff on the curb is obviously illegal and the last thing i'd like to do, kind of just mentioned it to denote the finality/effectiveness of the booting i'm going for
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Old 06-02-2010, 09:32 PM
 
11,238 posts, read 21,675,515 times
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From what I remember, once it passes the 30 day mark, your tenant then has MANY more rights than he had before 30 days. I'm not a lawyer, but do check into this so that you don't *********rself by waiting past the 30 days.

Try reading this - it may or may not be helpful in your situation but it talks about the 30 days.

Rights of Subletter, Not On Lease, In New York
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Old 06-02-2010, 10:30 PM
 
4 posts, read 9,788 times
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best post so far, thanks! do you think that the fact that he has no legal signifiers of the term of his residency (no contract signed, rent receipts, cancelled checks, emails, doesn't receive mail, etc) that he could still invoke the 30 day rule and try to stay?
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Old 06-02-2010, 11:03 PM
 
162 posts, read 352,491 times
Reputation: 91
I'm not convinced yet that andrew is nice.
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Old 06-02-2010, 11:21 PM
 
16 posts, read 37,559 times
Reputation: 24
Well first of all without a lease you can't really "evict" him because he is your guest. You can throw his stuff out on the curb and sue him for trespassing if you want to be an a@@.

Also, does your landlord allow subletting? Most don't.. So he probably can't be there anyway.

Have you tried talking to him? Tell him your concerns and ask him to clean up or find another place to stay.
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Old 06-02-2010, 11:36 PM
 
4 posts, read 9,788 times
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So no claim to residency on paper = 'guest' and 'guest' = I can remove him without formal notification, etc? It's somewhat beyond my social grasp to ask a grown man to radically improve his personal hygiene with respect to it's effect on the property (he hasn't peed directly into the bowl once, many other atrocities) : (
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Old 06-03-2010, 04:35 AM
 
4,502 posts, read 11,964,596 times
Reputation: 4066
Quote:
Originally Posted by Henna View Post
From what I remember, once it passes the 30 day mark, your tenant then has MANY more rights than he had before 30 days. I'm not a lawyer, but do check into this so that you don't *********rself by waiting past the 30 days.

Try reading this - it may or may not be helpful in your situation but it talks about the 30 days.

Rights of Subletter, Not On Lease, In New York


Thanks for backing up my post with this.
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