I rent an apartment in the Bronx. I am the only person on the lease. I allowed a friend to stay with me for a while, but he paid no rent. I gave him a letter on June 3rd telling him to leave by July 3rd, but he doesn't want to leave. Can I have him evicted? He claims that I can't do that to him, that he has checked with the city.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Welcome,It is my goal to deliver information in five-star manner. I am a licensed New York attorney but I am not your attorney. The law does not allow me to provide legal advice or form an attorney-client relationship on this public forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.From your description, it sounds like you can evict your friend since he is not on the leaseTo remove your friend from your apartment, New York law requires a judicial eviction.You cannot legally lock him out without a court order. Regardless of whether an occupant pays rent or has a lease, New York law requires that he be treated as a tenant. A co-occupant who acts to simply change the locks may be liable for both civil and criminal penalties.The first step is to terminate his occupancy with the written Notice of Termination which it appears you have already done. If he fails to vacate the premises after July 3, you will need to file an unlawful detainer action to evict him.You can copy the forms at your local law library or purchase them on line at:http://www.nupplegal.comI think this is what you wanted to know. Please let me know if I have answered your question
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