How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102145
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
Type Your Real Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years 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 2 years ago.
Yes she is subleasing from me yes this is Nyc or Bronx really
Expert:  Ely replied 2 years 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.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.