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How do i kick my roommate out. He is messy and does not pay rent on time. I am the homeowner and there is no lease.

Baldwin, NY |

He does not pay rent. He is a slob. I gave him notice through a text message and there is no lease or papertrail, receipts etc. He does have mail delivered here and has been here for over 6 months

Attorney Answers 3


  1. That is not proper notice. I suggest you hire a real estate lawyer if you want it done right without having to keep starting over as you now have to do.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. Start with the basics, asking him to leave. If he refuses, then consult a landlord tenant attorney for procedure on his removal. You must do thing properly to avoid a lengthy holdover.


  3. I agree with Mr. Rothstein. I read his answer and your comments back & forth. Unfortunately, your roommate has rights and unless you bring a proper eviction, you will never get him out. Sit with a local attorney and spend the few bucks you will need to do this right. The longer you wait and the more you dilly-dally will just prolong your agony.

    Good luck.

    I may be guessing or not licensed in your state. No atty/client relationship exists. I earn my living collecting points for "helpful" answers.

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