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    landlord9277's Avatar
    landlord9277 Posts: 1, Reputation: 1
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    #1

    Nov 17, 2006, 09:39 PM
    Eviction (I own the house)
    I solely own a home in New York city. I have a roommate that has no ownership interest in the house nor does he have a lease. He simply lives there on a handshake agreement that stipulated no specific time for him to stay. He has long been behind on rent and bills.

    We recently had a very ugly altercation that is forcing me to evict him as soon as possible. Do I need to proceed with a formal eviction notice or can I just say "Get the hell out" and change the locks? If I do need to provide notice, is there a specific time I need to give him (I would like him out ASAP)? Please give me all the legal steps that I can go about it as well
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 18, 2006, 05:06 AM
    Hello landlord:

    He pays rent, even if sporadically. That makes him a tenant, and you'll have to evict him according to NY landlord/tenant law.

    You can peruse the law right here in this forum at the top. I didn't, but I imagine that you'll have to give him 30 days written notice.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 18, 2006, 06:05 AM
    While I agree with excon, I would take a different approach. Its true, that, if he can prove that he has paid rent, he can force an eviction. But he may not realize that.

    I would tell him he has 2 weeks to move (if he asks for more time, give him no more than a month). If he refuses, then you can pursue more legal means.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 18, 2006, 04:20 PM
    I would agree, since he pays rent, (you said he was late)
    He is on a verbal, and thus a month to month rental.
    So officially you need to give him proper and legal notice, and evict him though the courts,

    But saying get the... out, or be gone before I get home works for me.
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