Can a landlord evict a tenant’s roommate because they don’t want extra people in the dwelling even though they are paying extra rent?

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Can a landlord evict a tenant’s roommate because they don’t want extra people in the dwelling even though they are paying extra rent?

It was agreed last month that on the of this month first, my boyfriend’s landlord would allow me to stay with him in the apartment for a month to a month and half, so I could save enough money to get my own place for our children and myself. However, this morning the landlord had told me that the neighborhood watch was calling his house about my family living upstairs and that I “can’t just move in”. But a month ago this was all agreed upon and we also agreed to pay an extra $100 for myself. The apartment is illegal and I did have to buy my own appliances to cook meals for my family.

Asked on September 7, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your the landlord agreed that you could live in the apartment being rented to your boyfriend and has accepted an extra $100.00 for your stay for a month to a month and a half, you are entitled to stay as a tenant for this time period under your agreement with him or her.

The landlord apparently is being pressured from neighbors and he or she might be concerned over the apparent illegal status of the rented unit and being turned in about such by the neighbors.

I suggest you speak with the landlord about the situation and work out an arrangement where you can stay the agreed amount of time taking into consideration the landlord's concerns about the neighbors.

Good luck.


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