How to remove my subtenant?

UPDATED: Oct 1, 2022

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How to remove my subtenant?

A few months ago, I sublet my room in an apartment to an individual. Per our agreement, they were to pay rent and the cost of the utilities as indicated in a text agreement. Since that time, they have not paid utilities, and due to a dispute with one of the other co-tenants, decided to run up the bills and leave the burners on during the day when not back at the apartment. When I confronted them about it, the mentioned they are not going to pay the utilities and only

agreed to do so as a courtesy to me. I would like to know how I can get rid of them and the proper process for doing

it. They are slated to leave the room at the end of next month but I’d like them out sooner in light of this very recent and disturbing conduct, preferably within the week.

Asked on November 9, 2018 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Contact a landlord-tenant attorney and have him or her do this for you: landlord-tenant law is NY is very tenant-protective and somewhat procedurally complex, and taking action the wrong way can substantially delay any evictions. The point is, you can only evict in NY through the courts (and only for good cause, like nonpayment of rent, damaging the apartment, violating other terms of the lease, etc.), and so have to work through the legal system. I practice landlord-tenant law in the neighboring state of NJ, which also has a tenant-friendly and procedurally complex landlord-tenant legal system, and I have seen many "pro se" (trying to be their own lawyers) landlords fail to evict bad tenants because the landlord got the paperwork or timing wrong, or didn't properly allege the grounds for eviction. If you want this person out, hire a lawyer.
It will take MUCH longer than a week, by the way: several weeks or possibly months. That's simply how long the eviction process takes. However, you still want to start now, even if you think they should leave in a month and a half, since if they don't leave then, you want the process well under way, and not wait until you discover they are not leaving to begin it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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