I have a roommate who is not paying rent for 2 months now and has decided to play the system. Now I would want to stop his use of the kitchen and all the things I own that are in the kitchen and other common area such as fridge, extra closet in the living room, more closet spaces in kitchen, microwave, etc (not including the bathroom, he can use that for all he wants). I also want to have my things back that he borrowed from me like my curtains, lamps, furnitures and some appliances that he is using in his room now. Is it legal to do that?

We don't have an agreement because he is just month-to-month I laready sent him an eviction letter and will file for eviction on the 30th day. But until then what should I do?

During this stage of the process you can not limit his use to anything other than what it was before. This would include the things you mentioned because they all apeear to be furnishing of his room. Sorry

Why are you waiting for 30 days? If he hasn't paid rent why not use a pay or quit notice so you can file for eviction much sooner.

As for restricting his use of common areas, you can't do that arbitrarily. However since he is month to month tenant, you could give him written notice that after the next full rental period, you are changing the terms. But of course you have already started the process to get him out.

How can I file for eveiction sooner? I am in NYC. I sent him a notice that 30 days starts on Jan 17 so technically his 30 days is up on the 17 of Feb. I plan to file on the day immediately following that so he can get evicted. Thnaks :)

Is there a format to the written notice? Month starts today so can I write the notice now and post it on the fridge?

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Thanks. I am in NYC. Does that apply here?

First, please use the Answer options at the bottom of the page if you have a follow-up question or information.

Since you already served a 30 day notice, its too late. NYS/NYC law allows the landlord to give a 3 day pay or quit notice. The drawback of which is he gets to stay if he pays.

If you Google termination of tenancy, you should find sample letters.

Yes, the 30 day notice was incorrect, it should have been a 3 day notice.

... can I ... post it on the fridge?
...

No, that's not a good idea. He could claim that he never saw it. Hand it to him in person.

I certified email him as well.

I meant mail. Sorry.