How to evict a subtenant?

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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

Answers:

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

Answered 9 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.


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