New York, NY asked in Real Estate Law and Landlord - Tenant for New York

Q: What to do if my ex friend (not on our lease) does not leave in 30 days as she has been informed she should?

My fiance and I have an apartment, & a few years ago we let my friend could come stay with us while she looked for a new apartment. Since then, she can't seem to get on her feet & has a major setback every yr that prevents her from moving. She pays rent & utilities, but is often late. Her mother died back in Nov 2018 & so we also took in her younger sister. Our 2BD is now very crowded. She is also a very rude & inconsiderate "roommate". She has her new bf stay over almost every night (not paying rent) & they smoke weed everyday, even when asked not to. Recently we tried to address something with her & she slandered me. None of the furniture in the room is hers including the bed. Fed up, on 3/20 we gave them a notice to vacate by 4/30, & another sent cert. mail on 3/27. We waived their rent for Apr, & they haven't tried to pay. If they don't leave then, can we move their items to the living room, & bar use of our appliances? She literally owns nothing but her clothes &2 night tables.

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You are going to have to bring a holdover petition in landlord tenant court to do this the right way.

Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: In the situation you described, you are essentially in the role of landlord to your "friend". Like any other landlord in a similar situation you will be required to commence an appropriate proceeding in Housing Court to obtain a legal eviction. If you take act without court authorization, your "friend" may seek assistance from the police and the courts as well as damages.

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