Hello--this is for Brooklyn in a building applied for coverage under the loft law. It's a 4 bedroom unit, I am the prime leaseholder since 2014. My girlfriend and I separately placed ads specifying no lease terms, just a price and description of the room. She gave someone who responded keys who did not fully pay her deposit and rent. They did so to her over a week's time but was very slow to pay. He moved things into the living room but hardly sleeps here, he's brought people over to party. He smokes weed in the apartment. It's not working out. This started April 1st and it's now April 16th. We have nothing in writing with him. Do I have to go through a formal eviction process, or can I ask him to leave? Want to go about this as amicably as possible, but also would like to know my legal rights and if I need to get a lawyer. Thanks!
It matters not how long he's actually been there if he's paid rent for the month he's your month-to-month tenant and you need to comply with the formal process to evict him. If you properly serve him a proper 30-day notice before the end of April, he will get until the end of May to vacate. If he's still there June 1, you would then prepare and serve upon him a Petition and Notice of Petition that will likely be returnable sometime mid-June. Retain an attorney. Evicting people with whom you share an apartment is NEVER easy and if you make even the most seemingly insignificant mistake on any of your papers (or the manner in which they are served) you'll only give the tenant fuel to force you to start over.
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