Results 1 to 2 of 2
  1. #1

    Angry How to Kick Out Roommate at the End of the Lease

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

    I'll preface this by saying I have been living in this apartment for almost three years. I spent two years with a previous roommate who moved out when she graduated last summer, and replaced her with new roommate.
    I pay more rent (my choice) out of fairness because my room is the larger of the two.
    All of the furniture, dishes, appliances (except the fridge, which belongs to the landlord) are mine.
    Both of our names are on the current lease.

    My roommate moved into my apartment in August and signed onto a 12 month lease. Since then, there have been numerous problems that I've had with her that have not gotten resolved even after conversation. Her boyfriend practically lives here, spending 4-6 days out of the week at our apartment. They use the living room as their "love nest" essentially extending their bedroom to the living room and watching my tv/causing extreme wear and tear on my furniture and generally always leaving a huge mess behind, confining me to my bedroom. When her boyfriend is not there she always has some kind of house guest over, which is extremely distracting and annoying to never have the privacy of my own apartment. Other than this, she is constantly having unexpected parties, bringing drugs and alcohol into the house on a regular basis, and I have not seen the broom in her hand once in 9 months.

    Essentially, I have one more year of school left and I can't get any work done in my own apartment because of my roommate and her apparently incurable habits. The lease is up this summer, and I wan't to kick her out and bring someone else in. How can I do this? Can I do this? Can she protest and not leave even though I've been here longer? What steps should I take to ensure this will go in my favor? I'm nervous because her father is a lawyer.
    I cannot afford to move out at this point and have put too much money and effort into this apartment to want to leave anyway.

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

    Default Re: How to Kick Out Roommate at the End of the Lease

    the problem: you both have equal rights here because you are both on the lease as co-lessees.

    the only thing you can do is obtain a lease, not including the other tenant, with your landlord. Then you would have a right to have the other tenant removed. If the landlord doesn't want to mess with this, s/he could just refuse to enter a lease with either of you. Then you both get to find new housing.

    so, speak with your landlord to see if s/he is open to leasing the apartment to just you and hope the other tenant doesn't do the same.

    1. Sponsored Links
       

Similar Threads

  1. Roommates: If You're Not on the Lease Can Your Roommate Kick You Out
    By bwell in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 12-24-2012, 02:39 PM
  2. Roommates: Can Roommate on Lease Kick Me Out Early for Month I've Already Paid Rent for
    By lwill124 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-21-2010, 10:48 AM
  3. Roommates: Can My Roommate Kick Me Out
    By NoIdeaAnymore in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-25-2010, 06:57 AM
  4. Roommates: Roommate Might Kick Me Out
    By ChewyP in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-16-2009, 03:28 PM
  5. Roommates: Kick Out My Roommate in Michigan, Not On The Lease
    By Ergodyne187 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-24-2007, 08:40 AM
 
 
Sponsored Links

Legal Help, Information and Resources