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


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.

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:

Thanks for your question!

David Piotrowski
Attorney at Law

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David Piotrowski, Esq.


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.


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

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