Q: How do I evict my non-paying roommate in NY without a written agreement?
I need advice on evicting my roommate in New York. We do not have a written agreement, and I'm the only one on the lease and the person who paid the deposit. My roommate has stopped paying rent, and my landlord has refused to evict her because they say I am fully responsible for the lease. She has been living here for four months, and despite discussing the unpaid rent, she refuses to cooperate. I haven't given her any notice to vacate yet. How should I proceed to evict her?
A:
Dear Troy Tenant:
Your landlord has powerful legal grounds to be above your dispute with the roommate. The landlord does not have a legal relationship with your Roommate and so lacks standing to sue for an eviction.
Since you do not have a written agreement with the Roommate and the tenancy is just four months old, you may be able to terminate the tenancy with a proper written notice as required by NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C].
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