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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default Removing a Roommate Who Did Not Renew the Lease

    My question involves landlord-tenant law in the State of: New York

    Currently, I am living with two roommates (lets call them roommates A and B). Roommate A and I get along very well, but we do not get along with roommate B. For this reason, we no longer want to live with roommate B.

    Roommate A and I spoke with our property management company and informed them that we would like to renew our lease (which expires June 30th) under the condition that roommate B is not on the renewal form nor on the future lease. The management company in turn submitted to us a renewal form as we requested, and roommate A, the landlord, and myself signed the form.

    We informed roommate B (more than a month in advance) that we no longer want to live them (via email), and roommate B is refusing to leave. What can roommate A and I do? Can we have the authorities remove roommate B from our property come July 1st?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Removing a Roommate Who Did Not Renew the Lease

    Can we have the authorities remove roommate B from our property come July 1st?
    You can ask them to but if they refuse the LL will have to evict them as they are then a holdover tenant and must be removed as the law requires.

    you might have a problem with the renewal situation, depending on all the facts. You are not renewing your lease. You are entering into an entirely new lease.

    any chance the LL could assign you to a new unit? That would make things less messy should roommate B decide to not want to leave, at least as far as you are concerned.

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