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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

Posted

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.

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5 comments

Asker

Posted

Well as the homeowner...dont I have rights myself? I cant afford to hire anyone at the moment, one reason why I have someone living with me. There has to be some other way to remove him from my home.

Eric Edward Rothstein

Eric Edward Rothstein

Posted

The problem is your roommate has rights too.

Asker

Posted

Even without a lease or anything on paper? I read about having mail delivered making him a resident. Which I disagree with bc I can have my mail delivered anywhere...it doesnt make me a resident of say where I send it. What are his rights? And how can I get him out asap without hiring anyone. Written notice? He owes me hundreds...so I have to eat it for months?

Peter J Weinman

Peter J Weinman

Posted

By the way, "Roommates" do not pay rent - tenants pay rent. I clicked "submit" on my answer before I finished my thought.

Steven Warren Smollens

Steven Warren Smollens

Posted

I agree. An owner/landlord has a tenant, (a boarder, a lodger) but a tenant has a roommate.

Posted

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.

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Posted

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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2 comments

Peter J Weinman

Peter J Weinman

Posted

By the way, "Roommates" do not pay rent - tenants pay rent. I clicked "submit" on my answer before I finished my thought.

Steven Warren Smollens

Steven Warren Smollens

Posted

That is so. A homeowner/landlord has a tenant (boarder, lodger), but a tenant has a roommate.

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