How to evict a subtenant?

UPDATED: May 20, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 20, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to evict a subtenant?

I have a subtenant with no lease. I recently gave them a 30 day notice to vacate. I was under the impression it could be verbal, however I gave him a hand written notification, as I was told this is another way to do it. Should this go to court, will I need to prove that I gave him the letter? After the 30 days, what are my next steps? He has been here over a year but is extremely inconsiderate of the other people that live here, myself included. He’s dirty, loud, and rude. There’s no lease. It was a verbal agreement, of month-to-month. He pays rent directly to me. Always. I can’t afford a lawyer unfortunately.

Asked on May 20, 2012 under Real Estate Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay, there are a few issues here.  First, does your lease allow you to have a subtenant?  You may be in violation of that.  Second, although New York does recognize verbal notice, written is best but generally you can not serve it yourself.  If it was not proeprly served or the notice did not conform to the requirements in the state then he could contest the action for eviction you start.  The notice is a pre requisite to the action and part of the proof submitted to court (the affidavit of service of the notice).  You can try starting an action for eviction (a summary proceeding) and usually landlord tenant court has pamphlets to help.  Get the tenant pamphlets too so you know what the pitfalls can be.  Good luck.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption