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.
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.
A Roommate Agreement is a written contract between roommates that outlines their rights and obligations while living together. This agreement includes house rules, maintenance duties, restricted behaviors, and more. For a Roommate Agreement to be useful, everyone sharing the household must agree to it.
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.
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.
Overview. In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
The roommate law has several restrictions. New York law does not permit the number of occupants to exceed the number of tenants, and each person residing in the apartment must have a livable area of at least 80 square feet. The square footage count does not include bathrooms, closets or hallways.
If your roommate has lived in your apartment for less than one year, you must give the roommate at least 30 days notice of the termination. If the roommate has been there more than a year but less than two years, you must give 60 days notice of the termination.
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. And yes, the process still mandates a formal notice be given to the tenant, but the following must also be satisfied.