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Re: evictions

Posted by DK on October 30, 1999 at 20:11:17:

In Reply to: evictions posted by S. Scolnik on October 26, 1999 at 00:55:53:

: My roommate has been living in our 2 bedroom apartment for 5 years.
: The building is neither rent stabilized or rent controlled, It is a
: two family house with the landlady living downstairs. My roommate is a
: great tenant, pays her rent on time. I recently informed my roommate
: that I would be moving out. When she told our landlady that she would
: be getting a new roommate the landlady said thet she would not allow it,
: no roommates and told her that if she gets a new roommate she will ask her
: to leave. My roommate has been without a lease for the last 2 years. Does
: my roommate have any rights?

Do you have a written lease? If there is only an oral agreed, or a long-expired written lease, and your roommate has paid rent directly to the landlord, she might be a co-tenant who would have the right to continue as a month-to-month tenant after you leave.

Your roommate cannot be evicted without formal court proceedings, and only after service of the proper preliminary notices. It's a complicated process, and the landlord may not bother once confronted with the fact that your roommate is still there.

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