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Posted by Lilly on July 19, 2001 at 21:47:24:

In Reply to: Roommate eviction posted by belinda on July 19, 2001 at 16:49:30:

You do know you have no rights to the apt. That said, the only way she can legally get you out is thru the courts. She can't change the locks, move your stuff out, etc etc.
The steps taken are these: She should serve you with a 30 day notice to terminate month to month tenancy. This notice should be served (certified mail,) on the last day of the lease term to be effective on the last day of the following month (ex last day of july means you have to be out last day of august) This notice must also state that if you do not move out within the 30 days, then she will commence summary proceedings to evict you. If you are not out, then and in that event she can commence proceedings to evict you in housing court-it's called a holdover proceeding.
BTW, since only her name is on the lease, she can only have 1 additional occupant (namely you at this point) who is not a family member living (occupying) the apt. SInce you have been living there for 3 years, your occupancy predates that of her friend, her friend is the illegal occupant.
Depending upon how strong a stomach you have for this sort of thing, you would conceivably make her life difficult, but it goes both ways.
I would say that since she has not yet served you with anything in writing, why don't you send her a certified letter advising her you will be moving out on January ___, 2002. Anything she serves you with
after she receives your letter could be construed as retalitory. IF she does something in retaliation, let her know that you wil be sending LL a letter advising him that her friend moved into the apt Assert and protect yourself, send the letter. Then wait for the S--t to hit the fan.

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Comments:
: You do know you have no rights to the apt. That said, the only way she can legally get you out is thru the courts. She can't change the locks, move your stuff out, etc etc.
: The steps taken are these: She should serve you with a 30 day notice to terminate month to month tenancy. This notice should be served (certified mail,) on the last day of the lease term to be effective on the last day of the following month (ex last day of july means you have to be out last day of august) This notice must also state that if you do not move out within the 30 days, then she will commence summary proceedings to evict you. If you are not out, then and in that event she can commence proceedings to evict you in housing court-it's called a holdover proceeding.
: BTW, since only her name is on the lease, she can only have 1 additional occupant (namely you at this point) who is not a family member living (occupying) the apt. SInce you have been living there for 3 years, your occupancy predates that of her friend, her friend is the illegal occupant.
: Depending upon how strong a stomach you have for this sort of thing, you would conceivably make her life difficult, but it goes both ways.
: I would say that since she has not yet served you with anything in writing, why don't you send her a certified letter advising her you will be moving out on January ___, 2002. Anything she serves you with
: after she receives your letter could be construed as retalitory. IF she does something in retaliation, let her know that you wil be sending LL a letter advising him that her friend moved into the apt Assert and protect yourself, send the letter. Then wait for the S--t to hit the fan.


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