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  1. #1
    Join Date
    Sep 2011
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    1

    Exclamation Subletter Trying to Evict Subtenant Who Refuses to Leave

    My question involves an eviction in the state of: New York City

    I rented out a room to a subtenant two months ago. A week ago, she asked if she could bring a guest for two weeks. Once here, they asked for more time, and I said she could stay, only after the two weeks are up, the guest will count as another person in the room, resulting in higher rent.They have a problem with this, resulting in an argument after which I asked the subtenant to vacate the premises within a week. She threatened to take me to court, stating that some law says I must let her stay 30 days. I did some research, and gave her a written eviction notice stating that she has to leave within 15 days of receiving the notice. It was simply a handwritten affair, nothing notarized.

    Is what I did correct?
    Do I have to allow her to stay a longer time, or can I properly evict her with police help on the date the letter states?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Subletter Trying to Evict Subtenant Who Refuses to Leave

    In NYC you have to give thirty days notice to end a month-to-month tenancy.

    If you give proper notice to quit and the person does not move by the end of the notice period, you file an eviction action in court. You need to make sure that your notice is in proper form such that it will be accepted by a court, and that you give the legally mandated number of days notice.

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