Roommate (not on lease) refuses to move out.

[mackdi]

Hello,

I have a roommate (not on the lease) with whom living has become unbearable. The lease is in my name only and we have another roommate (not on the lease). After verbal altercations, I have asked him to move out, repeatedly. He has refused.

He has always paid his rent & utilities on time.

Is there anything I can do, to encourage him to move out? Right now, I'm feeling trapped in my own house by an aggressive, angry roommate.

I am willing to seek out and work with a lawyer if that's what is necessary to get him out. Honestly, living at my own house is becoming unbearable.

Thanks for helping.

[aaron]

With the roommate not identified on the lease, and no written lease agreement, you should be able to terminate the tenancy on a month's notice. Thus, you would probably have to serve a 30 day notice to terminate, and if necessary to commence "holdover" proceedings to evict the roommate after the expiration of that period. (Note that this is a formal notice, not just a letter saying "move in 30 days - you may be able to obtain a notice form at a local courthouse.) Given that NYC has some tricky housing laws, consulting with an attorney is probably a good idea.

[mackdi]

Aaron,

What a relief! You've given me hope!

If anyone reading this post has gone through this process I would love to hear about it. Please share your stories, as I embark upon which is sure to be a long road to redemption.