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Posted by DK on October 08, 1999 at 20:08:45:

In Reply to: Re: Whose lease is it? posted by MikeW on October 06, 1999 at 16:51:36:

It may not be as simple as all that. You should see some of my other posts on evicting roommates.

For starters, you need to determine whether she is a roommate (where only a ten-day termination of license is required) or a sub-tenant (where you have to serve a 30-day notice of termination at least 30 days before the expiration of the monthly hiring). In order to determine which applies, you need to analyze the agreement by which she is staying in the apartment. This can be tricky if there is no written agreement. If you agreed to a particular term, then that is binding on both of you.

: Assuming NYC (if not, say where):

: Yes, you need to give her 30 days written notice. If she does not leave at date in the notice you can start an eviction proceeding (this will likely mean getting a lawyer).

: : My name is on the lease and a roommate claims that since she doesn't write the check to me but to the landlord that she has should be on the lease and has every right to be. I say that it's my lease. I don't care if she writes the check to me or the landlord. Is she crazy or what? And can I kick her out?

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Comments:
: It may not be as simple as all that. You should see some of my other posts on evicting roommates. 

: For starters, you need to determine whether she is a roommate (where only a ten-day termination of license is required) or a sub-tenant (where you have to serve a 30-day notice of termination at least 30 days before the expiration of the monthly hiring). In order to determine which applies, you need to analyze the agreement by which she is staying in the apartment. This can be tricky if there is no written agreement. If you agreed to a particular term, then that is binding on both of you.

: : Assuming NYC (if not, say where):

: : Yes, you need to give her 30 days written notice.  If she does not leave at date in the notice you can start an eviction proceeding (this will likely mean getting a lawyer).

: : : My name is on the lease and a roommate claims that since she doesn't write the check to me but to the landlord that she has should be on the lease and has every right to be.  I say that it's my lease.  I don't care if she writes the check to me or the landlord.  Is she crazy or what?  And can I kick her out?


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