How do I evict a roommate not on the lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I evict a roommate not on the lease?
I rented a room in my apartment to a girl, who is not on the lease, but she owes me 2 months rent. She has left her things in the room and will have someone pick them up for her. Is it possible for me to put her things in storage until she pays me the rent she owes? And, do I need to formally evict her?
Asked on July 25, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If she was paying you rent, she was your subtenant (presumably on an oral, or unwritten sublease). That means that yes, you have to evict her as you would any other tenant, by filing a legal action; you would file for eviction based on unpaid rent. You may also sue her (such as in small claims court) for any rent or other amounts (e.g. utilities) she owes you. However, you may NOT withhold her possessions to force her to pay, not unless she actually used them as collateral for her obligations (i.e. gave you a security interest in them).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.