How to Evict a Roommate Not on Your Lease in New York

Living with a roommate who isn't listed on your lease can get complicated—especially if you need them to leave. In New York, renters have specific rights and responsibilities when it comes to shared housing. This guide explains what you need to know if you’re trying to evict a roommate who is not on the lease, including official processes, forms, and helpful resources to support your next steps.

Understanding Your Situation: Roommates Not on the Lease

If your roommate isn't officially on the lease, New York law generally considers them an "occupant" or "licensee." These individuals do not have the same legal protections as tenants, but eviction still requires following proper legal steps—self-help (like changing locks) is not allowed.

Your Legal Options: The Eviction Process

You may not evict a roommate informally. New York law requires a formal process, even for those not on the lease.

Step 1: Serve a Written Notice to Quit

• What to do: Provide your roommate a written "Notice to Quit," informing them they must leave within a specific timeframe (at least 10 days for licensees under New York Real Property Actions and Proceedings Law § 713(7)).
• Example: If your roommate refuses to leave after your verbal requests, serve a written notice, dated and clearly stating when their occupancy ends.
• You can use a simple statement for this notice. There is no official statewide form, but you should clearly include:
  • The date
  • Your name and the roommate's name
  • The address
  • A statement ending the roommate's right to stay in the unit

Step 2: File a Holdover Proceeding in Court

• If your roommate does not leave after the notice period, you must file for eviction in your local housing court.
• The official tribunal handling these cases is the New York City Housing Court (for NYC) or your local City, Town, or Village Court elsewhere.

Required Forms: Petition and Notice of Petition

• Holdover Petition (Form UD-100)
  • When to use: After your notice to quit expires with no action, you file this form to start the legal eviction process.
  • Where to get it: Download from the New York Courts Housing Forms page.
  • Example: If your roommate remains past their quit date, complete UD-100 and file it with Housing Court.
• Notice of Petition (Form UD-101)
  • When to use: This form is served along with the Holdover Petition to officially notify your roommate of the court eviction proceeding.
  • Where to get it: Available at the NY Courts Housing Forms page.
  • Example: Petition and Notice must be properly served—usually by a non-party—to the roommate.

Step 3: Attend the Court Hearing

• After filing and serving forms, a court date is scheduled. Bring your lease, copy of the notice to quit, proof of service, and any documents showing the living arrangement.
• If successful, the court will issue a warrant of eviction. Only a sheriff, marshal, or other lawful officer can execute this warrant.

Important Legal Protections for Renters

Even though your roommate is not on the lease, you cannot force them out by threats, locking them out, or removing their property. Doing so is considered illegal "self-help eviction" and can lead to legal consequences.^[1]

Summary of Eviction Steps in New York

• Serve written Notice to Quit (at least 10 days in advance).
• File Holdover Petition (UD-100) and Notice of Petition (UD-101) if your roommate refuses to leave.
• Attend housing court hearing; only a court-authorized officer can remove your roommate.

For more details, see the NY Courts eviction process overview.

FAQ: Evicting a Roommate Not on the Lease in NY

1. Can I change the locks to make a roommate leave?
   No. Changing locks to force out a roommate is considered an illegal eviction under New York law.
2. How much notice do I need to give a roommate who’s not on the lease?
   You must provide at least 10 days’ written Notice to Quit for a licensee (roommate not on the lease).
3. Where do I file for eviction of a roommate in New York?
   File your petition at the Housing Court (for NYC) or your local City or Town Court elsewhere in NY State.
4. What happens if my roommate ignores the court order?
   Only a sheriff, marshal, or other official can physically remove them after a court-issued eviction warrant.
5. Do I need my landlord's permission to evict a roommate?
   No, but you should inform your landlord, as your roommate's departure may affect your lease obligations.

Conclusion: Key Takeaways

• Evicting a roommate not on the lease requires formal notice and a legal proceeding.
• Never use self-help methods—follow the court process for a lawful eviction.
• Official New York courts and resources offer forms and support if you need help.

Need Help? Resources for Renters

• NY State Courts: CourtHelp for Tenants – Free, plain-language legal assistance and forms.
• NY State Division of Housing and Community Renewal – Official guide on tenant rights and eviction.
• NYC 311 Tenant Helpline – Get live support for eviction or roommate issues in New York City.

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1. See New York Real Property Law Section 235 and the NY Courts Illegal Lockouts guidance.
2. Procedures and timeline follow the New York Real Property Actions and Proceedings Law § 713.
3. See all official forms and landlord-tenant instructions on the NY Courts Housing Forms page.
4. Learn more about tenant rights under New York State Tenant Rights Law.

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