Jonah Patel
In New York City, a roommate agreement can be terminated by serving a Notice of Termination to the roommate, which includes the date by which they must vacate the premises. If the roommate has lived in the apartment for less than a year, at least 30 days' notice must be given; if they have lived there for more than a year but less than two, 60 days' notice is required; and if they have lived there for more than two years, 90 days' notice is required. If the rental agreement is oral, a Notice of Termination must be served before a roommate holdover case can be started. If the agreement is in writing and the lease term has ended, a Notice of Termination is not required, and a roommate holdover case can be initiated. In the case of illegal eviction, tenants are protected by New York State law and can file an Order to Show Cause to request a hearing in front of a judge.
| Characteristics | Values |
|---|---|
| Rental agreement is oral | A Notice of Termination must be served before starting a roommate holdover case |
| Rental agreement is written and lease term has not ended | Cannot start a roommate holdover case until the lease term ends |
| Rental agreement is written, the lease term has ended, and no rent money has been taken since | No need to serve a Notice of Termination |
| Roommate has lived in the apartment for less than a year | At least 30 days' notice of termination must be given |
| Roommate has lived in the apartment for more than a year but less than two years | At least 60 days' notice of termination must be given |
| Roommate has lived in the apartment for more than two years | At least 90 days' notice of termination must be given |
| Roommate is named on the lease | They are a co-tenant and have the same rights in the apartment |
| Roommate is not named on the lease | They may be evicted when the tenant on the lease vacates the apartment |
| Roommate agreement has been signed by both the primary tenant and the roommate | It becomes a contract and operates similar to a lease |
| No written agreement with the primary tenant or continued residence beyond the agreement | The primary tenant can ask the roommate to leave upon 30 days' written notice |
| Roommate is facing eviction | Visit the Housing Court to find out if there is an open eviction case |
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Notice of Termination
If you want to terminate a roommate agreement in New York City, you may need to give a "Notice of Termination". This is a document that details your decision to end the roommate agreement and the date by which your roommate must leave. The notice must be given to your roommate before you can start a "roommate holdover case" to evict them.
There are some exceptions to this. If you and your roommate have a written lease agreement, the lease term has ended, and you have not taken any rent money from them since the lease ended, you do not need to provide a Notice of Termination and can proceed directly with a holdover case. Additionally, if your roommate has lived in your apartment for less than a year, you must give them at least 30 days' notice; if they have lived there for more than a year but less than two, 60 days' notice; and if they have lived there for more than two years, 90 days' notice is required.
The Notice of Termination must be delivered in accordance with the law. If it is not, a judge may dismiss the proceeding and you will have to start again. The notice can be handed to your roommate in person, in which case the time period starts the next day, or it can be delivered by another method, such as mailing, in which case the time period starts the day after that. If you are starting a case against multiple people, each person must be served with their own copy of the Notice of Termination.
Once you have served the Notice of Termination, you can proceed with a roommate holdover case to evict your roommate. To do this, you will need to fill out a Notice of Petition and a Petition, which can be done using the free DIY computer program provided by the NYS Courts Access to Justice Program. Once you have completed the program and assembled the necessary documents, you will need to bring them to the Landlord-Tenant Clerk's office to buy an index number. After you receive the Notice of Petition back from the Clerk, you will need to arrange your copies into sets for your roommate and their roommate, if applicable. The Notice of Petition should be on top, followed by the Petition, Notice of Termination, and Affidavit of Service of the Notice of Termination. You will then need to fill in the relevant details, including the court date, time, courtroom part, and index number, on all copies of the Notice of Petition. Finally, you can deliver the papers to your roommate, ensuring they receive a copy of the Notice of Petition and the Petition as required by law.
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Lease terms
Lease Type and Tenant Status
The type of lease and the tenant status of the roommates involved play a significant role in the process. There are two main lease types to consider: oral and written agreements. If there is an oral agreement, a Notice of Termination must be served before initiating a roommate holdover case. On the other hand, if there is a written lease, specific conditions must be met to start a roommate holdover case: the lease term must have ended, and no rent should have been collected after the lease expiration date.
Primary Tenant and Roommate Agreement
When a primary tenant, who is named on the lease, brings in a roommate, a separate roommate agreement may be signed between the two parties. This agreement is like a contract and should not violate any applicable laws or the primary lease with the landlord. Roommates can enforce the provisions of this agreement, and if the primary tenant violates it, they can face legal consequences.
Termination Notices
The process of terminating a roommate agreement involves serving a Notice of Termination. This notice informs the roommate of the decision to terminate their tenancy and includes the date by which they must vacate the premises. The termination date should align with the end of a rental period (e.g., monthly or weekly). The required notice period depends on the duration of the roommate's stay: 30 days for less than a year, 60 days for more than a year but less than two, and 90 days for over two years.
Tenant Rights and Protections
Tenants in NYC have certain rights and protections under the law. If a roommate is named on the lease, they are considered a co-tenant and have equal rights to the apartment. In rent-stabilized apartments, co-tenants have the right of renewal, and the landlord cannot renew the lease for only one tenant without the consent of the other(s). Additionally, roommates are protected against illegal eviction. If a primary tenant attempts to evict a roommate without following legal procedures, the roommate can take legal action.
Initiating a Roommate Holdover Case
A roommate holdover case can be initiated to legally remove a roommate from the shared residence. However, specific conditions must be met. The roommate must be renting from the tenant bringing the case and not directly from the landlord. If the roommate rents from the landlord, they are considered a co-tenant, and a holdover case cannot be started. Additionally, the roommate must be paying rent, and the proper Notice of Termination must be served before initiating the case.
Understanding lease terms and tenant rights is crucial to ensuring fair and legal roommate agreement terminations in NYC. Roommates should be aware of their rights and responsibilities under the law to protect themselves from wrongful termination.
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Illegal eviction
In New York City, tenants have the right to remain in their home unless they receive an Eviction Order signed by a judge and delivered by a marshal or sheriff. If you receive a notice or paperwork and are unsure if it is an Eviction Order, you can call 311 and ask for the Tenant Helpline for more information. Verbal notices, letters, or other forms of notices do not count as valid eviction notices.
If you are illegally evicted by a marshal, you can go to court to file an "Order to Show Cause" to request to be restored to the apartment or to be allowed to collect your belongings. If you are unaware of the eviction case, this must be explained to the judge. Even if the judge does not grant permission to return to the apartment, you have the right to recover your personal belongings.
If you are being evicted, the NYPD may take action against the person trying to remove you if they have probable cause to believe it is an unlawful eviction. You can call 911 if you are experiencing an unlawful eviction, and the NYPD can keep the peace while you take steps to get back into your home.
If you are a roommate facing eviction, you are protected against illegal eviction. If you have lived in the apartment for at least 30 days and can prove that you paid rent, the primary tenant must take you to court to legally evict you. If you do not have a written agreement with the primary tenant or if you continue to live in an apartment beyond the length of time stated in your last agreement, you become a month-to-month roommate, and the primary tenant must give you 30 days' written notice before beginning an eviction case.
If you are facing eviction as a roommate, it is important to understand your rights and seek legal assistance if necessary.
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Roommate holdover case
A roommate holdover case is a legal proceeding that allows a tenant to evict their roommate from a shared apartment or house. In New York City, a tenant can initiate a roommate holdover case if certain conditions are met. Firstly, the roommate must rent from the tenant and not directly from the landlord or owner. If the roommate is named on the lease and rents from the landlord, they are considered a co-tenant and have equal rights to stay in the home. Secondly, the tenant must serve their roommate with a "Notice of Termination," specifying the date by which the roommate must vacate the premises. The notice period depends on the duration of the roommate's stay, with a minimum of 30 days required for roommates who have lived in the apartment for less than a year, 60 days for those who have stayed for more than a year but less than two, and 90 days for those who have stayed for over two years.
It's important to note that if the rental agreement is oral, a written Notice of Termination is required before initiating a holdover case. However, if there is a written lease and the lease term has ended without rent payment from the roommate, a holdover case can be started without providing a separate notice. Once the Notice of Termination has been served, the tenant can proceed with the legal process of the holdover case. This involves filling out a Notice of Petition and a Petition, which can be done with the help of the NYS Courts Access to Justice Program's DIY computer program. The tenant then needs to bring the notarized original papers, including the Notice of Termination, to the Landlord-Tenant Clerk's office to purchase an index number.
After obtaining the index number, the tenant must arrange their copies into sets for each roommate involved in the case. Each set should include the Notice of Petition, followed by the Petition with the Notice of Termination and Affidavit of Service of the Notice of Termination. The relevant dates, courtroom information, and the Index Number should be filled in on the copies. The signature space should be left with "/S/" followed by the name of the Clerk of the Court. It is crucial to ensure that the roommate receives these documents in accordance with legal requirements.
If the Notice of Termination is not delivered properly, the judge may dismiss the proceeding, and the process will have to be restarted. Additionally, accepting rent after the termination date can complicate the holdover case. It's worth noting that roommates who are not family members have limited rights. They can be evicted when the tenant on the lease leaves the apartment, and they may be subject to illegal eviction attempts by the primary tenant. In such cases, roommates can seek legal assistance and file complaints or requests for hearings to protect their rights.
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Court orders
If a roommate agreement has been signed by both the primary tenant and the roommate, it becomes a contract and operates similarly to a lease. If you are a renter, to start a roommate holdover case, your roommate must be renting from you, not the landlord. If your roommate is named on the lease and rents from the landlord or owner, then you cannot start a case in Housing Court. Your roommate is a co-tenant and has the same right to stay in the home as you do.
If your roommate has lived in your apartment for less than one year, you must give them at least 30 days' notice of termination. If the roommate has been there for more than a year but less than two, you must give 60 days' notice. If the roommate has been there for more than two years, you must give 90 days' notice. This means your notice must be given to your roommate at least the required number of days before the termination date.
If you are starting the case against more than one person, each person must be served with their own copy of the Notice of Termination. The rules for giving (serving) the Notice of Termination are the same as the rules for serving a Notice of Petition and Petition. If the Notice of Termination is not delivered according to the law, the judge can dismiss the proceeding and you will have to start again.
To start a case to make your roommate move out, you need to fill out a Notice of Petition and a Petition. Use the free DIY (Do-It-Yourself) roommate holdover computer program provided by the NYS Courts Access to Justice Program to make your court papers. The DIY program will help you make your court forms and give you instructions on what to do next. Once you have used the DIY program, bring your notarized original papers (including the Notice of Termination), your DIY User Survey (if applicable), and your copies to the cashier’s window in the Landlord-Tenant Clerk’s office to buy an index number.
When the Clerk returns the Notice of Petition to you, arrange your copies into three sets for your roommate (and their roommate, if applicable). The Notice of Petition should be on top, then the Petition with the Notice of Termination and Affidavit of Service of the Notice of Termination for your roommate. Fill in the court date, the courtroom Part, the courtroom number, and the time listed on your original Notice of Petition on all the copies of the Notice of Petition. Fill in the Index No. (Number) on the copies of the Notice of Petition and Petition. In the signature space, put /S/ and copy the name of the Clerk of the Court. Keep the original Notice of Petition separate from the copies. Now you are ready to have your server deliver the papers to your roommate. You must make sure your roommate receives a copy of the Notice of Petition and the Petition in the manner required by law.
If you are legally evicted by a marshal, you are able to go to court to file an “Order to Show Cause” in order to request to be restored to the apartment or permitted to take your personal belongings. If your belongings are still in the apartment, the judge can order the landlord to give you temporary access to move out your belongings.
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Frequently asked questions
A wrongful termination of a roommate agreement in NYC is when a roommate is evicted without a court order. The primary tenant must first serve a Notice of Termination to the roommate before taking them to court.
If you have a signed roommate agreement, it is a contract and is valid as long as it does not violate any applicable laws or the primary lease. If the primary tenant violates the agreement, this may constitute wrongful termination.
If you are a month-to-month roommate without a signed agreement, the primary tenant must provide you with 30 days' written notice' before asking you to leave. If they do not provide this notice, this may constitute wrongful termination.
