Syracuse, NY asked in Landlord - Tenant for New York

Q: Can I evict a squatter not on the lease?

I have a tenant who has been paying the rent. They took in a roommate who is not on the lease and had refused to pay rent as they agreed upon. Can I evict the squatter and get my locks changed?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Tenants are permitted to have roommates but any issue between the tenant and his/her roommate is not a basis for you to evict the roommate. Depending on the circumstances, you could start a case against your tenant as well as the roommate. However, as long as you are being paid the agreed rent by your tenant it isn't your problem to fix if the roommate doesn't pay your tenant.

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