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How do I get rid of a non paying lazy messy roommate who went on welfare

New York, NY |

the roommate rent is 599, she paid 430 aug 15 from welfare check
she lays around the apartment all day, since this is a studio
its very uncomfortable since I work at home, she is also
extremely messy lots of garbage in her area and cooks
very smelly food. She hasn't worked in the 10 weeks
she is here, is an attractive 25 years old and has an MBA..

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Attorney answers 3


Evict her for non-payment. Hire a landlord-tenant lawyer.

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.


Consult with an experienced NYC landlord-tenant attorney to discuss your situation and obtain advice on how to best proceed.

Use the Avvo find a lawyer function to locate the right attorney for you.

Good Luck

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.


You may also consider bringing a case called a holdover proceeding to try to remove the roommate. The necessary information can be found at this link:

The above constitutes general information only and should not be considered legal advice.

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