roomate on lease, but want to evict

[irva77]

i had a recent dispute with my roomate and he turned volatile and threatening and verbally abusive. i don't feel comfortable or safe anymore living with him, although his name is on the lease. how do i remove him for the apartment as soon as possible?

[custudent]

The fastest way to remove an abusive roommate (or significant other) from an apartment would be to get a restraining order.

Without a restraining order, it will be very difficult to force your roomate to move out.

[irva77]

this happened last friday.is it too late to file a restraining order?

[Cranky Tenant]

Actually it's not that simple since orders of protection aren't normally issued because you had an agruement with someone. There has to be some risk of physical harm.

If you feel threatened, or your roomate assaults you, you can call the police, Then if you press charges and it comes before a judge, the judge can issue an order of protection.

[irva77]

if the landlord issued a holdover proceeding, would that work? i have gone to him and explained the situation and he understands my level of discomfort.

[custudent]

I don’t think that housing court is the right place to remedy this situation. First, I don’t think that housing court has jurisdiction for domestic violence. Second, seeking an eviction through housing court can take months. If your safety and physical well being are in jeopardy, then this is timeframe not acceptable.

Cranky is right that restraining orders are reserved for cases of real threats to physical well being. But I give you the benefit of the doubt, and assume that if you feel threatened you are indeed being threatened. In cases of domestic violence you do not necessarily need to file charges in order to petition for a restraining order. You will, however, have to convince a judge that your roommate poses an ongoing threat to your safety. Without documentation of violence or threats of violence, this will be difficult (even with documentation, it can be difficult).

Where have you been living since last Friday? I assume you have moved out, correct?

There is no guarantee that a judge will agree that your roommate poses a threat and should be barred from entering his home. You may have to be the one to relocate.

One final word: You may not change the locks bar your roommate from entering, or dispose of his belongings. Read up on illegal and constructive evictions before you even consider this.

[Cranky Tenant]

I'm not sure about all borought (counties) but Brooklyn and Queens have separate Domestic Violence courts which only hear Domestic Violence cases. They come under the Criminal Court system.

If irva77 were to request an Order of Protection the court would probably suggest evicting the roomate in housing court as well, but these are two separate processes.