Evicting Roommate

[Astoria30]

Before I outline my scenario; yes, I have begun researching the topic, so I don't want anyone to think that I'm asking this question without attempting to find the answer myself. However, I would like to get some feedback from those who have experience or general knowledge of the issues.

I rent an apartment in Astoria and am the only legal lessee on the lease. My roommate's name appears nowhere on the lease. She has failed to pay the rent on time (including today), does not clean up after herself, and before leaving (on tour) mentioned that she may have fleas or body lice in her room.

I've had enough. We had signed a roommate agreement (which she does not have a copy of) and for some stupid reason I scratched off the paragraph that read:

"Violations of Agreement: The co-tenants agree that repeated and serious violations of one or more of the above understandings will be grounds to ask..(the roommate)...to leave. If a co-tenant is asked to leave, he/she will do so within two weeks, and will forfeit any outstanding prepaid rent"

However, I do not have her initials on this scratched off portion, nor did we write in another option.

Could I (today) give her 30 days' notice to leave on the basis of not paying rent on time, and not cleaning up after herself? Otherwise, our original agreement was set to end on July 1, 2003 and I may just to have to live with things as they are for two more months. If we do, when do I inform her that I do want her staying here past July 1?

Thanks for any advice, I really do appreciate it.

[Chimera]

As long as she has paid all of her back rent, I don't think you have a strong reason to end your agreement early. If you think she is a reasonable person, you can ask her to leave, but this could backfire on you by creating a hostile situation. Personally I would just wait out the additional month.

I do not believe you need to give her any notice prior to the end of your rental agreement. However, it might help to let her know 30 days in advance that you 'need the room for a family member' so she starts looking for a new place to live. Good luck.

[mark_ezov]

In a similar situation I was advised to give 30 days notice before the next rental period that the agreement was not being renewed, preferably sent by a process server (I sent mine registered mail which I figured was legal enough) You do not need a reason to ask her to leave.

The only thing is that if she refuses to move out you cannot lock her out (illegal eviction) so you have to hope that she is cooperative or you can end up in court.

Good luck, she sounds like a piece of work.