CRAZY roommate

[alone02]

I am a long term tenant in my apt. I am the sole leaseholder. I have this roommate where it just was not working out. Every month I had to hunt him down to get the rent check. So I gave him 30 days notice to move. Now it seems like he wants to stay in the apt for 60 days without paying any rent. He did pay a deposit when he moved in but since he hasn't paid any bills or rent for this month, I had to use his deposit. He has installed a lock on his door so no one can get into his room. I have tried to communicate with this person and nothing has helped. I got a letter from him the other day threatening to sue me for harassment because I took back some of my personal belongings he was using in the common areas. What kind of recourse do I have? I have someone else moving in here on the 1st of the month. Can I legally change the locks and tell him to arrange a time with me to get his stuff? Any suggestions?

[ChrisG]

is the landlord aware of this roommate? you can't really change the locks, etc., yourself, since you don't own the property. if his potential lawsuit is really over goods that you own, i wouldn't worry about that, how could he make a case?

despite the problems you may have had, if he is really moving out in 2 months, maybe you should consider yourself lucky to be rid of him in any way possible.

[Lilly]

A tenants worst nightmare. Be not afraid in your own home and yes you most certainly can and must remove the lock that is on the door to the bedroom he is using, if for no other reason than it's a fire hazard or something like that. It is your apartment, and I gather this person does not have a written agreement with you? If he does not then as you probably know he is a month-to-month tenant. The 30 days notice must be given, in writing, on the last day of the month to be effective on the last day of the following month, eg last day of june means he has to move by the last day of July. Despite what this creature thinks, the bedroom he is using to sleep in is not his santum sanctorium, and you are not tresspassing if you go in there. File a police report that he has threatened you, get the complaint number and keep it. You file the complaint first, before he does. Then remove the lock. Just do it. Then deny there ever was a lock (haha)

[Brooklyn Babe]

Basically, you are his LL. You cannot change the locks to the apt. It would be considered an "illegal eviction" and you could get into trouble and never get rid of him. Play it by the book, so nothing comes back on you. In order to successfully evict him:
-serve him with a 30 day notice (get Blumberg forms), prior to the last day of the month. You may use a process server (approx. $40.00) or a friend who is uninvolved in the case and willing to testify as of service.
-if he does not vacate at the expiration of notice, you must go to Housing Crt. and file a "Holdover Petition", which must be served same way as above, you will be given a Crt. date.
If you know for a FACT he is moving in 2 mths, I would just cut my losses and count the days, as the notice and holdover process will take about the same amount of time and you will lose more time and money.
If he threatens you or gets physical, call the police right away. It will be treated as a domestic violence call, and an arrest will be made especially if you have any physical marks.

[alone02]

here's an update. I have another roommate lined up to move in the day after the 30 days notice ends. My roommate actually called my landlord to tell him to tell me I couldn't kick him out. Ridiculous. My landlord is not getting involved. Basically I am the rightful tenant in the apt and he isn't. Now, since he changed his lock on his door and didn't grant anyone access, can I claim that it is a fire hazard or something and change it on the first? I have someone else moving in and I will be giving him back the remainder of his deposit the moment he moves.

[TenantNet]

Hate to burst your bubble, but in NYC you need to be real careful as illegal evictions are a criminal offense. You need to take this to court in a "Licensee Proceeding." When you brought the roommate in, you gave him a license to live there. You revoked that license when you gave notice. If he holds over, you take him to court. It's very much like a landlord/tenant relationship and an eviction proceeding, but the rights of the roommate are based as a licensee, not a tenancy. Do your research before you take an action you might regret.

[Lilly]

I wasn't telling him to change the locks on the front door to the apt, only the bedroom door-that's not an eviction. This licensee has absolutely no right whatsoever to install a lock on his bedroom door without the consent of the tenant. I say you remove the bedroom door lock, period. You do not lock him out of the apartment, but as you say you move to evict thru the courts.

[alone02]

thanks for all the advice...I am going to go to housing court...has anyone been there before to do this kind of procedure? Is there some form I fill out to do a "licensee proceeding"? What should I take with me? Any input?

[Brooklyn Babe]

Friend is in the middle of one now. Please read my previous post, as those are the steps to take. Blumberg (get from legal stationery store) has all the forms you need. It is best to use a process server for the 30 day notice, as you don't want him to say he didn't receive it. Also your local Housing Crt. should have a PINK book that helps LL with procedure. If they ran out, go to your local Library.
Priv. Message me if you need further...