Hi,

I have a subletter in my apartment and she only has an oral agreement to stay here and she has been here for more than 30 days. First, she said she'd move at the end of last month, but on the last day she told us she was staying. When my husband asked her for the rent, she started screaming at him and was completely out of control. My husband called the cops but there was nothing that they could do since they said we had to give a 30 day written notice to quit.

Now it's more than a week later and she still has not paid rent. She keeps saying she's going to move out and pay rent but she hasn't done either. What are the rules in NYC? I read that in some states for nonpayment of rent you can give the tenant 3 to 5 days notice to quit the premises or pay up. Can I do that in NYC?

Also, she has been inviting her friends over and eating all our food. Since they are not on the lease can we have them removed from the premises? She has this guy stay over all the time and we have been giving her a discounted rent because she was having trouble paying and it definitely does not cover two tenants. Literally her rent doesn't even cover utilities. Please let me know what my rights are and how I can get rid of this tenant!

Yes you have to give her 30 day written notice. I don't know if New York requires that before going to court or if you can go directly to court. After the court eviction notice the sheriffs will remove her if she still will not leave. I would quit buying food and eat out until she is gone.

This does not sound like a sublet, sounds more like a room for rent inside your home, right? Here are the rules but we must determine the type of renter you have first http://www.oag.state.ny.us/bureaus/r...ghts_guide.pdf