You are here:

Real Estate Law (esp. Landlord-Tenant)/I want my roommate to vacate my apartment.

Advertisement


Question
My roommate and I are not getting along.  He and I share the rent.  He is a month to month roommate and is not on my lease. We do not have a written agreement only verbal. I wrote a 30 day notice letter to vacate the apartment.  I gave him the letter on May 9, 2013 and put in the letter that he is to vacate on June 08,2013.  I also put that if he does not vacate on June 08,2013, I will take legal actions against him.  I live in New York City.  Please let me know if what I did is correct.

Answer
It's possible that you may need to give him a longer notice period. Some states, such as California, require a 60 day notice if the tenant has lived in the house for a year or more. Also, some jurisdictions have rent control laws that make it more difficult to evict. You should check NY law here:

http://codes.lp.findlaw.com/nycode/RPP/7

Thanks for your question!

David Piotrowski
Attorney at Law
http://www.AttorneyDavid.com

*No Attorney/Client Relationship and No Legal Advice -

Nothing contained herein is intended to be, nor shall be, legal advice. The above information is not intended as a solicitation and is not intended to be legal advice.  It is your responsibility to seek out competent legal advice from a qualified legal professional before making any decisions relating to your issue.  The hiring of an attorney is an important decision and should not be made based solely on advertisements.

Real Estate Law (esp. Landlord-Tenant)

All Answers


Answers by Expert:


Ask Experts

Volunteer


David Piotrowski, Esq.

Expertise

My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.

Experience

Please visit http://www.AttorneyDavid.com or http://www.facebook.com/david.piotrowski.attorney for more information on my practice.

Education/Credentials
Juris Doctor (JD) and Member of the State Bar. Attorney.

©2016 About.com. All rights reserved.