roommate eviction laws?

[roberta7]

Help! I have a roommate who is not on the lease. When she moved in, I gave her a piece of paper stating the laws of the apartment, one of which is that I can give her 30 days notice at any time. So I gave her 30 days notice, and now she says that since she has been living here more than 1 month, the law is on her side and I can't legally kick her out. Is this true? Please help, she's got to go.
thanks so much

[custudent]

To make a long story short:

No, you can not legally “kick her out”. You can not change the locks. You can not remove her possessions from the apartment. The “laws of the apartment” are not relevant.

Right now, you can serve her with notice to vacate. She is entitled, by law, to thirty days notice. However, this is not 30 calendar days. If she is served in the month of June, she is entitled to stay until the end of July.

If she does not vacate, then you can take her to housing court. If the judge orders her to leave, he will give her a deadline. If she doesn’t depart by that deadline, then a Marshall can “kick her out”.

It can, however, take several months to legally remove someone from an apartment.