New York law (RPL 235-f) allows a tenant of any private residential apartment to share their apartment with their immediate family members, one additional occupant and any dependent children of that occupant so long as the apartment is the tenant's primary residence, so long as there is only one tenant on the lease.
How to write a roommate agreement Names of both tenants. The property address. The dates the lease begins and ends. The amount of rent each person pays. Who pays for utilities. Who pays the security deposit. Which bedroom each person occupies. Who buys food, or if you're each buying your own food.
New York State law protects the right of tenants in privately-owned buildings to have a roommate under certain conditions. If those conditions are met, tenants do not need the permission of the landlord to have an additional occupant, and are legally allowed to have a roommate even if their lease prohibits it.
So if you want them out, since they have been there less than a year, you can give them a written 30 day notice to vacate. If they don't move out, then you can file a formal court eviction case in the local Housing Court to evict them.
When only one tenant is named on a lease, the tenant has the right to take in a roommate and the roommate's dependent children. When two or more tenants are named on the lease, the number of tenants and roommates cannot exceed the number of tenants named in the lease.
Leases often have strict guidelines when approaching eviction, and in the absence of regulations, landlords have more freedom to pursue. This brings us back to our original question; yes, it's possible to evict without a lease, but there are some conditions that must be satisfied when doing this.
Yes, everyone over the age of 18 needs to be on the lease. This prevents the boyfriend or girlfriend of the children from just moving in. It also helps with the background checks too.