I have never had to evict anyone, but recently I was going through some serious beef with my roommate and that made me wonder what could I do if things would take an extreme turn. So I started prepairing myself for the worst and researching the ways to legally remove my roommate from the house if it ever comes to this. That is what I have found out: If your roommate’s name is on the lease along with yours, you have no right to evict him/her, only your landlord does. Even if your roommate is not on the lease you cannot just kick him out because you want to (and that is what I was kind of hoping for). You can only evict your roommate if he/she violates your rental agreement, doesn’t pay rent on time, damages your property or uses it for illegal purpose.
The first step to start the ball rolling would be to sit down and talk, just asking your roommate to leave and if it doesn’t help, providing him/her with an eviction notice, that have both of your names in it and a full apartment address.
First of all keep in mind that whether your roommate’s name is on the lease or not, he/she is still considered a legal occupant of the apartment as long as he/she has stayed in the apartment longer than 30 days. And as any other tenant in New York your roommate is protected by law from being illegally evicted, or, speaking simply, kicked out of the apartment by you. That means that they have to be taken to court where warrant of eviction has to be ordered by a judge. In the worst case the whole process can take more than half of a year. However high your emotions are running, don’t do any stupid things like threatening or locking your roommate out, as you could be arrested for doing this.
Thank god, we settled things ammicably with my roommate. She is moving out soon and we were able to leave all the issues behind us, the way adults do, but there is one things that I’ve learned from this: It is really important to chose your roommates wisely and carefully. Especially if you are the tenant on the lease and are renting out a room in your place.