Can Landlord Evict Husband Only??????

Hello. I am having marital problems with my husband and want to get him evicted...Quick background. We both lived in a house together as a married couple but we separated and I moved out and into a rented house and signed a lease, a few months of living there my husband and I got back together but he was never added onto the lease.and he moved in..Now we are having maritial problems again and I want to ask the landlord to evict him and not me...Can I do that or can the landlord kick only him out and allow me to stay with both of us being married with no legal seperation? He says he isnt going to leave that he has as much right to be there as I do, is this correct? I live in NYS...

Thank you

[OHlandlord]

I'm sorry but this is not your LL's problem. It is yours. The LL signed the lease with only you. You allowed someone else to move into your house without the LL's permission. Now it is your responsibility to get them to move out. If the LL wants to enforce the number of occupants clause on the lease, he can only write YOU a violation notice for allowing someone else to move in. That would mean he would have to evict you, the person on the lease, to solve the violation if you didn't handle it. I doubt the LL is about to step into the middle of your marital arguement. I suggest you figure a way to get your husband to move out. You may want to see an attorney about filing for a legal seperation so he would have to move out. Had you both been on the lease, the answer would have been slightly different, but the LL would have to evict both of you.