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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99981
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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So I have a month to month roommate I am only person on the

Customer Question

so I have a month to month roommate I am only person on the lease . How ever sheS had boyfriend Here every day for past 3 weeks I've asked her to have him leave and she resufuses . I want to know if I can legally have him removed . Police , or any means .
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Is she sub-leasing from you? Or is she staying for free as a friend, and your landlord does not mind? Is this in NYC?
Customer: replied 1 year ago.
Yes she is subleasing from me yes this is Nyc or Bronx really
Expert:  Ely replied 1 year ago.
Thank you. My apologies, but I was not online when you had originally responded.
So she is a legal subleasor from you.
Because he is not official family, he is an unauthorized occupant. He can be asked to leave since he is not on the lease - by you. If he refuses, then either HE or BOTH HE AND SHE can be evicted.
Eviction is a multi step process. It begins with with a notice to quit, and if they do not do what is necessary (i.e. have him leave), eviction is filed with the court. If they still do not leave after a hearing, the court may issue a WRIT and have the authorities move them out. The landlord cannot lock them out or remove them themselves.
The best way to proceed would be via a a certified letter with a demand that he move and a threat that he/both would be evicted if he does not.
My apologies again for the wait.
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