New York City · Roommate Holdover

NYC roommate holdover: which case you actually have — and why it matters.

In NYC Housing Court, there are two different proceedings for removing a roommate — and filing the wrong one is the single most common reason these cases get dismissed. Before you do anything else, you need to know which one applies to your situation.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

The distinction NYC Housing Court makes

New York Housing Court recognizes two fundamentally different relationships. If your roommate paid you rent — even occasionally, even in cash — they are likely a subtenant and your case falls under RPAPL § 711 (roommate holdover), requiring a Notice of Termination. If your roommate never paid you rent and lived with you by permission only, they are a licensee and your case falls under RPAPL § 713(7) (licensee holdover), requiring a 10-day Notice to Quit. These are not interchangeable — filing the wrong case type is grounds for dismissal.

The question that determines everything

Before you prepare any notice or go near a courthouse, answer this honestly: did your roommate ever pay you money to live there?

Your situation	Legal classification	Correct proceeding	Required notice
Roommate paid you rent (cash, Venmo, any amount)	Subtenant / roommate	Roommate holdover — RPAPL § 711	Notice of Termination (30/60/90 days depending on length of tenancy)
Roommate lived with you for free, no rent ever paid	Licensee	Licensee holdover — RPAPL § 713(7)	10-day Notice to Quit
Both of you are on the lease, roommate pays landlord directly	Co-tenant	Cannot file in Housing Court	No Housing Court remedy — different approach needed
Person entered without permission, never had it	Squatter	RPAPL § 713(3)	10-day Notice to Quit

!Co-tenants cannot use Housing Court against each other

NYC Courts state this explicitly: if your roommate is also named on the lease and pays rent directly to the landlord — not to you — you cannot start a Housing Court case against them. You are co-tenants with equal possessory rights. Housing Court has no jurisdiction to remove one co-tenant at the request of another. If this is your situation, consult an attorney before taking any action.

Both names on the lease = co-tenants = no Housing Court case
Your name only on lease, roommate pays you = subtenant = RPAPL § 711
Your name only on lease, roommate pays nothing = licensee = RPAPL § 713(7)

The roommate holdover (RPAPL § 711): when your roommate paid you rent

If your roommate paid you rent — you are the master tenant, they are your subtenant. To remove them, you need to serve a Notice of Termination. The notice period depends on how long they have lived with you:

Less than 1 year of tenancy: 30-day Notice of Termination
1 year or more but less than 2 years: 60-day Notice of Termination
2 years or more: 90-day Notice of Termination (under HSTPA)

After the notice period expires and the roommate hasn't left, you file a Notice of Petition and Petition in the NYC Housing Court for the borough where the apartment is located. The filing fee is $45. You can use the free DIY Roommate Holdover computer program at nycourts.gov/courthelp to prepare the papers.

The licensee holdover (RPAPL § 713(7)): when your roommate paid no rent

If you let someone live with you without any rent or formal agreement — a friend, a family member, an ex-partner — they are a licensee in New York law. To remove them, you first serve a 10-day Notice to Quit revoking their permission to remain. The notice must:

Be in writing, addressed to the specific person
Clearly state that their permission (license) to remain is revoked
Give a specific date at least 10 days away by which they must leave
Be served following RPAPL § 735 service methods (personal delivery, substituted service, or nail-and-mail)

After the 10-day period expires, you file a licensee holdover petition in Housing Court. The free DIY Licensee Holdover program at nycourts.gov/courthelp walks you through the paperwork. Filing fee: $45.

1
Determine the correct case type
Paid rent = RPAPL § 711 roommate holdover. No rent = RPAPL § 713(7) licensee holdover. Co-tenant on lease = no Housing Court case.
This step determines everything
2
Serve the correct predicate notice
Roommate holdover: 30/60/90-day Notice of Termination. Licensee holdover: 10-day Notice to Quit. Document service carefully — keep a copy and record how and when it was delivered.
Notice period starts day after service
3
File at the correct borough courthouse
Manhattan: 111 Centre St. Brooklyn: 141 Livingston St. Queens: 89-17 Sutphin Blvd. Bronx: 1118 Grand Concourse. Staten Island: 927 Castleton Ave. Filing fee: $45.
Use nycourts.gov DIY program to prepare papers
4
Have papers served on your roommate
You cannot serve the papers yourself. Use a process server (typically $50-125) or another adult over 18 not involved in the case. Server must complete an Affidavit of Service.
RPAPL § 735 service requirements
5
Appear on the first court date
Cases go first to the Resolution Part. Many settle here through a stipulation (agreed move-out date). Bring all evidence: the notice, affidavit of service, lease, payment records (or records showing no payment).
Bring all documentation
6
Obtain Warrant of Eviction and coordinate with marshal
After judgment, the court issues a Warrant of Eviction. Under RPAPL § 749, the city marshal must serve the warrant and wait at least 14 days before executing it. Marshal fees: approximately $135-200.
14-day minimum wait before execution

Not sure which case you have?

The Counsel assessment asks the same questions a Housing Court judge asks first — about payments, the lease, your living arrangement — and shows you which procedural path fits your facts.

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What makes NYC roommate cases get dismissed

Filing a licensee holdover when the roommate actually paid rent (wrong statute)
Filing a roommate holdover when both parties are on the lease (no jurisdiction)
Serving the wrong notice type — a 10-day Notice to Quit when you needed a 30-day Notice of Termination
Notice signed by attorney instead of the petitioner personally — violates Siegel v. Kentucky Fried Chicken, 67 NY2d 792 (1986)
Failing to name all occupants in the unit
Service defects — not following RPAPL § 735 service methods exactly

When to call a NYC attorney before proceeding

Your roommate is also named on the lease — this requires a different approach entirely
The apartment is rent-stabilized or rent-controlled — additional protections apply
There is any history of domestic violence, threats, or an order of protection
Your roommate claims they have an ownership interest or succession rights
The roommate has lived there for many years and the classification is ambiguous
There are minor children living in the apartment

Frequently Asked Questions

What is the difference between a roommate holdover and a licensee holdover in NYC?

A roommate holdover (RPAPL § 711) applies when your roommate paid you rent — they are your subtenant and require a 30/60/90-day Notice of Termination before filing. A licensee holdover (RPAPL § 713(7)) applies when your roommate lived with you for free without any formal agreement — they require only a 10-day Notice to Quit. Filing the wrong case type is the most common reason these cases are dismissed in NYC Housing Court.

Can I remove a roommate who is also on the lease?

No. If your roommate is named on the lease and pays rent directly to the landlord, you are co-tenants with equal rights to possession. NYC Housing Court explicitly states it has no jurisdiction to remove one co-tenant at the request of another. Your options are negotiation, mediation, or speaking with the landlord. Consult an attorney if safety is a concern.

How long does a NYC roommate case take?

Plan for 2-4 months minimum for an uncontested case. After serving the predicate notice (10 days for licensee, 30-90 days for roommate), you file and get a court date typically 10-17 days out. Most cases involve at least one adjournment. After judgment, the Warrant of Eviction must be served and then there is a minimum 14-day wait before the marshal can execute under RPAPL § 749. Contested cases in Bronx and Brooklyn Housing Court can run 6+ months.

My roommate paid me occasionally but not consistently — which case do I have?

This is the ambiguous zone that gets cases dismissed. Even occasional, irregular cash payments can be enough for a court to find a landlord-tenant relationship — which means you needed a Notice of Termination, not a 10-day Notice to Quit. If there is any record of payment (Venmo, Zelle, bank transfers, receipts), consult an attorney before serving any notice. Filing the wrong case type and having it dismissed costs you months.

What is the filing fee for a roommate holdover in NYC?

The filing fee is $45 at the Housing Court cashier window in the borough where your apartment is located. Add process server costs ($50-125), plus city marshal fees of approximately $135-200 if the case goes all the way to execution of the warrant. Total for an uncontested case handled without an attorney: $250-400.

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