How to Evict A Roomate In New York

Roomates

A roommate holdover case is brought to make a roommate leave the apartment or house that you share. You cannot lock your roommate out of the home you share without a court order.

If you are a renter, to start a roommate holdover case, your roommate must rent from you not the landlord. If your roommate is named on the lease and also rents from the landlord or owner, then you can’t start a case in Housing Court. Your roommate is a co-tenant and has the same right to stay in the home as you do. If you fear for your safety based on your roommate’s behavior you should call the police.

To start a roommate case, your roommate must be someone who is supposed to pay you rent to live with you. If your roommate is someone you let live in your home without paying rent, then you can start a “licensee” holdover case, not a roommate holdover.

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