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New York City · Roommate won't leave

Roommate Won't Leave in New York City

New York has some of the strongest tenant protections in the country. If your roommate won't leave your NYC apartment, removing them legally requires going through Housing Court — even if you are both on the lease or neither of you is. Here is what you need to know before you act.

⚠️ 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.

Who Has Tenant Status in New York?

Under New York Real Property Law §226-b and NYC's Rent Stabilization Code, a person who occupies residential space in NYC gains tenancy protections quickly — often after just 30 days. This means a roommate who has been living with you has legal rights, even if they were never on the lease. You cannot evict them without a court order.

The 'Roommate Law' and Your Rights

New York's Roommate Law (Real Property Law §235-f) allows tenants to have one additional occupant (plus the occupant's dependent children) in their apartment without landlord permission, as long as the tenant remains in residence. If your roommate is an unauthorized subletter rather than a co-occupant, different rules apply — but eviction still requires a court process.

Notice Requirements Before Going to Court

To begin the legal process, you must serve a written 30-day notice (for month-to-month arrangements lasting longer than a month) or a 14-day notice for nonpayment. The notice must state clearly that the tenancy is being terminated and give the date by which the person must vacate. Improper notice is the most common reason eviction cases are dismissed in NYC Housing Court.

Filing a Holdover Proceeding in NYC Housing Court

If the roommate does not leave after proper notice, you file a 'holdover proceeding' in the NYC Housing Court for the borough where the apartment is located. Manhattan cases are heard at 111 Centre Street; Brooklyn at 141 Livingston Street; Queens at 89-17 Sutphin Boulevard. Filing fees are modest (under $100 for most cases). NYC Housing Court has a Help Center that provides free guidance to self-represented litigants.

Frequently Asked Questions

Can I change the locks on my roommate in New York City?
No. Changing the locks, removing belongings, or turning off utilities without a court order is 'illegal lockout' under NYC law. Your roommate could sue you and be awarded damages, and you could face criminal charges. Only the Marshal can remove a person with a proper warrant.
How long does it take to evict a roommate in NYC?
The process is typically 2–6 months once you begin, and can be longer if the roommate contests the proceeding. NYC Housing Court is heavily backlogged. Starting with written notice as early as possible is critical.
What if my roommate is on the lease too?
If your roommate is a co-tenant on the lease, removing them is significantly more complex. You may need to involve your landlord, or the roommate would need to voluntarily surrender their lease rights. Consulting a housing attorney is strongly recommended in this situation.
Is there free legal help for roommate evictions in NYC?
Yes. NYC's Universal Access to Counsel program provides free legal representation to qualifying tenants in Housing Court proceedings. The NYC Housing Court Help Center (located in every borough courthouse) also offers free guidance. Legal Aid Society and Housing Court Answers are additional resources.
What if my roommate becomes aggressive or threatening?
If there is a safety concern, contact the NYPD immediately. You may also be able to obtain an Order of Protection through Family Court or Criminal Court. A restraining order is separate from the civil eviction process but can sometimes provide faster relief in dangerous situations.

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