How do I go about evicting someone renting a room in NYC? (apartment, lease)
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I own a 2 family home in Brooklyn. I live in the home and decided to rent rooms on the 2nd floor as my mother had moved out last year. I had 4 rooms (one room has two rooms -think of the living room and dining room) and had full occupancy until about two months ago. Now, 2 of the rooms are rented out. One of the gentlemen will be leaving (because he can't get any sleep with the others noise), so that will leave me with the one larger room (the living room and dining room) rented. The two people living there have become belligerent, pushy and play music loudly. They drink and have men join them. They also invite women over often. I've asked them to please lower their music and close their door when entertaining which they do to only do the opposite a few hours later. I've asked the men to leave and find another place but the one man says he's going to take me to court.
I have another problem - Im renting my basement. I researched housing guidelines and found I shouldnt be renting out my basement. I told those living in the basement my problem and wouldnt you know - 2 living down there became a couple and were going to tell me they were leaving. The other person will be leaving as well. So there will be no one in the basement. I wanted to give the details so I can get specific advice.
Would I be able to evict the two men living on the 2nd floor since they are only renting a room? Theyve been there for the last 8 months. I searched their names and found that one is facing foreclosure for a home in Queens, has had multiple divorces to different women where he is the plaintiff and has also sued or been sued for motor vehicle accidents. They're winners, this bunch, smh.
Why in the world are you renting to people, especially in your own home, that you are not screening thoroughly prior to renting? And you should definitely know all of the rental laws prior to ever considering renting to anyone.
Yes, you both are right. I could kick myself right now!!! Can you say whether I can take them to court for eviction?
They were referred by a close family friend and I thought it'd be ok. Wrong!!
There is a process required in order to evict someone. You need to read everything in the link above in post #3. No one here can get all the details needed to make a decision whether you can or can not and what exactly you need to do plus, evictions and their processes can vary from state to state and many times larger cities have their own laws, such as NYC. The info in the link is what you will need to make sure you do everything according to the law. If it doesn't make sense after you read it then I suggest you contact an attorney for good legal advice so that they can get every single detail needed to advise you.
Thank you Corn-fused. All of the material I read regarding this matter was specific to apartment renters, and not room renters. This is where my confusion stepped in. I will certainly contact an attorney.
Btw, I did read the link which was very helpful. Thank you again.
Thank you Corn-fused. All of the material I read regarding this matter was specific to apartment renters, and not room renters. This is where my confusion stepped in. I will certainly contact an attorney.
Btw, I did read the link which was very helpful. Thank you again.
The eviction process isn't that different in general for roomers and if it is it should specify what things apply to apt renters and which apply to owner occupied rooming situations in the laws.
Do you not have written agreements for any of these roomers or a standard lease? If you do, then that would (or should) list all of the rules and guidelines that all roomers must abide by (within the law, of course). If you don't have written agreements then everything goes by state (or in your case, city) rental laws.
Ah, I see ... it seems whether they're a roomer or renting an apt., they are considered a tenant (after much reading and your response which prompted a different angle with my searches). Thanks for the clarity. I did reach out to a colleague who is a mental hygiene lawyer. She got in touch with a housing court lawyer who said the same things that you did. More specifically, they said one must petition for an order to vacate, giving the tenant 30 days (in NYC). There are more specific steps following this initial step and it must be done correctly or one risks the case being thrown out.
I didn't sign a lease with them and the housing court lawyer said the courts would treat this as a month to month tenancy where laws specific to month to month would apply.
I suggest you give up being a landlord. You are a clueless amateur. But if you insist on continuing I suggest you study the NY landlord tenant statute:
232-A Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day on which his term expires the landlord will commence summary proceedings under the statute to remove such tenant therefrom.
In case you don't understand statutory language that means you give at least 30 days written notice to the end of a rental period. For example, if rent is due on the first then you give the written notice on or before the first for a termination date of the 30th or 31st.
If they aren't gone by the termination date you file for eviction through the housing court. The following website tells you how:
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