Eviction of a guaranteed roommate who is not on the leas

[Legaltenants]

So glad to have found a forum in which to discuss housing issues! My roommates and I are at our wits end with a problem we are facing, and would greatly appreciate any information that may help us.
The lease for the appartment is held by myself and one of my roommates. We have two more roomate regisitered as guarantors. After one month it was clear we were going to have difficulties with one of the guarantors. After attempts were made to settle disputes with him, it was obvious he had to leave. At the signing of our lease, we were told that those whose names appeared on the lease could remove any other cohabitants.
We informed the troublesome fourth roomate of this, and served him with a notarized letter that included a date by which he should vacate. He refused to accept the documents, istead choosing to hurl them back at the roomate who handed them to him. He replied he will only acknowledge documents from an attourney, or an eviction notice.
Can said notice be attained any other way than through housing court? We have been made aware as to our legal rights as the lease holders, but we fear court proceedings will be too lengthy. He is violently unstable, and his presence has become unnerving to all three of us. A police report has already been filed for his most recent episode.
If anyone has any information as to what we can do, or knows of a body that deals with issues like this, please let us know!

Thanks

[custudent]

Only a judge can order an eviction. There is no way to get an eviction without going to court.

You have only two options: Have your roommate served with a 30 day notice to vacate (hire a process server) and take him to housing court if he does not vacate. Alternatively, you can seek a restraining order. A restraining order is only appropriate if your roommate poses a real physical threat to you.

Of course, you realize that your roommate will likely inform the landlord that he is no longer willing to serve as a guarantor. You may need to find another guarantor ASAP.

[jot0n0]

If he refuses to leave after serving him with a 30 days notice, the only logical next step is to actually take him to housing court, there’s no other way you can legally get him to leave the apt against his will. Unfortunately, as you are aware, the process can take several months to complete and may even require the service of a city marshal to physically remove him from the premises. Your post mentioned roommate exhibited violent behavior and you might also try getting a restraining order against him.

[custudent]

It's debatable whether or not OP actually served the roommate with notice to vacate.

OP stated that that "He refused to accept the documents, istead choosing to hurl them back at the roomate who handed them to him."

Does this count as roommate being served? OP has no proof that he gave roommate 30 days notice. Next time, use a process server.

[Cranky Tenant]

Originally posted by custudent:
It's debatable whether or not OP actually served the roommate with notice to vacate.

OP stated that that "He refused to accept the documents, istead choosing to hurl them back at the roomate who handed them to him."

Does this count as roommate being served? OP has no proof that he gave roommate 30 days notice. Next time, use a process server.

Landlords generally send one copy by registered mail, one by first class mail, and slip a third copy under the door. Getting a process server is another option who will sign a sworn statement that the notice was served is the safest bet Otherwise the roomate can have the case dismissed for improper service.

[Legaltenants]

Thank you all for your comments and support. As it turns out, we met with an attorney yesterday afternoon and have as of today served the roommmate with legal documents through a process server. We are aware he has the right to challenge us in court and in anticipation of this we already have a court day of July 2nd set aside. The attorney is confident in a quick resolution and does not believe a judge will side with the roommate. Since his name is not on the lease, there exists a police record against him, we have copies of unpaid utility bills in his name, as well as his poor credit and irresponsibility we are confident as well. Thank you again, and if anyone has any further info or advice by all means do not hesitate.

[jot0n0]

Please post back with updates. One rarely hear the outcomes of tenant's situation after posting their questions here.

[Legaltenants]

Our roommate recieveed the notice to quit from our process server early the next morning. The next day his attorny contacted ours with the message he will surrender on the condition he is given his first and lasts month rent as well as his security deposit. Of course we laughed and informed our attorney to respond with an emphatic no. Our attorney also wanted us to supply good reason, at which we sent an excel document with a list of expenses he has yet to pay indicating is anything he would owe us money. Of course we have yet to recieve a response, meaning this will most likely be heading to our July 2nd court date. Bring it lol. We honestly do not know what he thinks he has to gain. His name is not on the lease and not mentioned in the security deposits. Legally he would have to take us to small claims court for any financial matter pertaining to his security. As for first and last month's rent, already gone. At first, he even demanded his share of the brokers fees. This boy is nuts. As requested, I'll keep anyone interested posted, this is getting good. Oh, I almost forgot, he didn't know of our knowledge regarding his not paying the power bill since February. He phoned us on Monday and left a message stating ConEdisons intent on shutting off our power on the 12th. We phoned the power company and informed them of our situation. Their response: we'll send him the bill and turn the power over in your name on the 13th. This guy thought he was cute, serves him right. We were thinking the situation over tonight, and it became clear: he had anticipated this happening. Everything almost seems calculated. I also had the fortune of meeting one of his former roommates. He told us he and our nightmare roommate moved in together and after the first week he moved out leaving this guy with the lease. We've dubbed him the "Serial Roommate" lol. Okay, sorry for the rant. God, it seems people are just crazier and crazier these day. Until next time take care everyone!

[Legaltenants]

Just re-read my post, sorry for all the typos! Next time, I'll make sure to proof read.