not on the lease

[shantacetta@verizon.]

I have a roommate who is not on the lease only I am, my landlord is well aware not very happy but still aware. I live in NY she wrote a paper that states she would be leaving at the end of the month. needless to say she says she not leaving what rights do I have now and how do I get her out? do I have to start the eviction process and how? or can I just pack her stuff and put it out since she wrote that letter?

help in ny

[OHlandlord]

Since you are the only tenant on the LL's lease, you are actually subletting the room to the other tenant. (This is why the LL is not very happy about the situation.) I assume the roommate has no written agreement with you? If not, YOU give the other tenant a dated 30 days *written* notice to vacate YOUR apartment (check your state law - some states require a different amount of notice). Let the roommate know that you expect their "belongings completely removed and the keys returned at the end of these 30 days". Give this notice on or before February 1st to avoid a problem with notice timing (some states require notices be served at the beginning of a term). Keep a copy off site, maybe at work or in your car? Someplace the roommate cannot get it. If the roommate does not vacate by the end of the 30 days, you will have to file eviction (and will need that copy of the 30 days notice.) Inform the LL that you have given your roommate a 30 day notice to vacate.

Please note that you cannot pack her stuff and move her out, nor can you change the locks to keep her out. Those things are illegal. You can contact a court clerk or a LL's association about giving a "notice to perform or quit" if you have her dated notice to vacate in writing. This may be faster than the above procedure. You would serve a notice to quit based upon her holding over the vacate notice. When it expires you could immediately move to evict if she is not out. Some states do allow you to hold them to their vacate notice by issuing a notice to perform (move out as intended) or quit (move out!). Other states make you take the route above.

If you decide to have another roommate, talk to the LL first. Get a copy of his/her application and let the new prospect apply to the LL to be on the lease. The LL will screen the roommate and make him/her financially liable for the lease obligations as well. If you don't wish to put them on the lease, ask the LL if he would like to at least screen the new roommate so he will know who is living there and approve him/her. (He'll feel better about allowing you to sublet if he can do this.)

ok Thank you, but now if I need to apply for eviction, will I need a lawyer and how long does it take, will we have to go to court, and what if she doesn't pay me the monies owed?

thank you again

[OHlandlord]

You will have to check the law in your state, but most states do not require an attorney for an eviction. Evictions for non-payment or holding over after notice has been given are usually very quick and easy. Nothing else really matters. Call the clerk of court in your city and they can provide you the forms you need to file once the 30 days notice is over. When you file them, they will give you the court date right then. Usually it is a couple of weeks later. You do need to appear in court to state that she has ot paid. If she doesn't show, you win automatically. If she does, the judge will ask if she is paid in full, or if she received proper notice to vacate in 30 days. After that, the judge rules for an eviction, and gives them usually 2-3 days to get out. If she fails to pay any monies, you may subtract from her deposit, sending her a statement saying what you kept and returning the rest within your state's time limit. If no deposit or she owes more than the deposit, send a statement saying this within the state's time limit. Wait 30 days after that to give her an opportunity to pay you what she owes, then you file against her in small claims court for the money owed. Good luck.

Thank You ! You have been an amazing help. thank you soooooo much!

yes, helpful to me as well

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