{"id":357749,"date":"2026-07-10T15:13:11","date_gmt":"2026-07-10T15:13:11","guid":{"rendered":"https:\/\/peraltafinancing.com\/uncategorized\/how-to-kick-a-roommate-out-of-your-nyc-apartment\/"},"modified":"2026-07-10T15:13:11","modified_gmt":"2026-07-10T15:13:11","slug":"how-to-kick-a-roommate-out-of-your-nyc-apartment","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=357749","title":{"rendered":"How to kick a roommate out of your NYC apartment"},"content":{"rendered":"


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If you, like most people, have ever lived with roommates in New York City, you already know the honeymoon phase doesn’t last forever. In a perfect world, you would all get along swimmingly; unfortunately, people change and relationships can sour.<\/span><\/p>\n

Among the more common scenarios are differing lifestyles\u2014maybe you\u2019re past the party-every-night phase of your life, while they\u2019re not. Or perhaps you are having to do more than your fair share of cleaning. Worst of all, they might not be paying their share of the rent or utilities.\u00a0<\/span>Whatever the reason, you\u2019ll know when it is time to cut ties, which could be a relief to both (or all) of you.<\/span><\/p>\n

\u201cReal nightmare roommates do exist,\u201d said Matt Hutchinson, communications director at roommate search site <\/span>SpareRoom.<\/a>\u00a0However, most situations are typically pretty tame. \u201cFor the most part, the other person is an OK person who you just don\u2019t happen to click with.”<\/p>\n

In such cases, your best approach is to attempt to communicate and reach a mutually satisfactory resolution.\u00a0<\/p>\n

After all, finding another apartment in NYC is always challenging\u2014and costly. You could also be on the line for their share of the rent.<\/a>\u00a0<\/a>And there’s no guarantee the next person will work out any better than the current one.<\/span><\/p>\n

But if it has become clear that you and your roommate are not a good match, and you have no choice but to part ways, here\u2019s how to avoid an uncomfortable and expensive scenario.<\/span><\/p>\n\n

[Editor’s note: An earlier version of this post was published in August 2025. We are presenting it again with updated information for July 2026.<\/em>]<\/p>\n\n

Know your legal rights<\/span><\/h2>\n

Before you say anything to your roommate, you’ll want to figure out who’s actually on the lease\u2014because that determines how this plays out.<\/span><\/p>\n

If you are not named on the lease, you\u2019re the one who is out. If you\u2019re both on the lease, you\u2019re both on the hook for the rent, meaning you will need to negotiate your way out officially. In extreme cases, such as\u00a0when a roommate has been charged with a violent crime, you can get an order of protection that\u00a0requires<\/a><\/span>\u00a0someone to move out.<\/a><\/span><\/p>\n

But what happens if you\u2019re on the lease and they\u2019re not?<\/p>\n

According to the Metropolitan Council on Housing,<\/a>\u00a0a tenant advocacy organization, you can\u2019t simply kick out a roommate if they have lived in the apartment for at least 30 days or paid you rent.\u00a0<\/p>\n

In the absence of a written agreement, a roommate who is not on the lease is considered month-to-month, and you can legally ask them to leave as long as you provide 30-days’ notice.<\/span><\/p>\n

That\u2019s why Kelly Ringston, a real estate attorney at\u00a0<\/span>Braverman Greenspun<\/a>, typically recommends a one- to three-month trial period until you\u2019ve determined how well you live together as roommates.\u00a0<\/p>\n

\u201cIf you have a month-to-month roommate, you can terminate their tenancy at the end of any rental cycle, upon proper notice, for whatever reason\u2014i.e., ‘you\u2019re weird, please leave,\u2019\u201d she said.\u00a0<\/span><\/p>\n

Plan for the financial fallout<\/span><\/h2>\n

Even if you’ve got the legal right to ask someone to go, it’s worth pricing out what that actually costs you. Replacing a roommate in NYC isn’t always quick or easy.<\/span><\/p>\n

“If they agree to move out, the question is how easy would it be to replace that person,” said Rory Bolger, a broker at Brown Harris Stevens.<\/a> “Hypothetically, you might need to lower the rent by a couple of hundred dollars to make it more enticing for a new person to come in.”<\/span><\/p>\n

And remember: You’re still liable for the full rent until you find someone new\u2014with no guarantee that person will be any easier to live with.<\/span><\/p>\n

Have an honest conversation<\/span><\/h2>\n

Once you’ve decided it’s time, resist the urge to hint around the issue or wait for the “perfect” moment. <\/span><\/p>\n

“The healthiest way is to just tell the truth,\u201d Bolger said.\u00a0\u201cDon\u2019t make it personal. Just tell them that it seems clear that you\u2019re not a healthy match and you think they should find another place.\u201d<\/span><\/p>\n

Timing matters, too. As in, don’t put this uncomfortable conversation off until you’ve mentally checked out\u2014which only makes it harder.\u00a0<\/span><\/p>\n

“When that happens, your roommate might not see it coming, and things are harder to repair,” said\u00a0Dr. Lynn Saladino,<\/a> a clinical psychologist and health and wellness consultant for Mirador Real Estate.\u00a0<\/a>\u00a0<\/span><\/p>\n

Most importantly, focus on the transactional aspect of your relationship.<\/span><\/p>\n

“When you strip it down to the essentials, an apartment share is a financial transaction,” Hutchinson said. “Make it about ending the financial relationship rather than saying you don’t like them.”<\/span><\/p>\n

While some folks find it impossible to remain friends following such an ordeal, others do manage to find their way back to each other after the initial period of anger\u2014but only if you don’t make the split personal.<\/span><\/p>\n

And remember, whether you and your roommate started off as friends or strangers, always treat them as you would want to be treated when you broach the topic of them leaving. “Have the courage to be firm about what you need, but treat the other person with respect, too,” Hutchinson said.<\/span><\/p>\n

Set expectations early (so this doesn’t happen again)<\/span><\/h2>\n

Ringston always recommends creating a roommate agreement,<\/a> given how quickly some of these situations can go south. \u201cIt\u2019s better for all parties to have an agreement in writing,\u201d she said, so that everyone is aware of the rules and expectations from the get-go.\u00a0<\/span><\/p>\n

Saladino stressed the need to make a thorough plan in advance for how you want to address your roommate issues, including having regularly scheduled \u201ccheck-in\u201d meetings with your roommate(s) to see how things are going, which could correct those issues early\u2014and \u201cset a precedent of communicating on things rather than pushing them down.\u201d Plus, such chats could reduce any fear you may have about bringing problems up, \u201cand ensure you\u2019re catching each other at a time you\u2019re both ready to listen,\u201d she added.\u00a0<\/span><\/p>\n

Saladino also cautioned that you should not assume that because you\u2019re friends with your roommate, living together will be a breeze.\u00a0<\/span><\/p>\n

“Even with a friend you know well, it’s a good idea to go over a list of lifestyle necessities and deal breakers before signing a lease,\u201d she said. \u201cThere may be more to consider than you think since you likely know your friend in a different context.”<\/span><\/p>\n

If you have to evict them<\/h2>\n

If they have violated the agreement or there is none, you have the right to require your roommate to leave.\u00a0<\/span><\/p>\n

\u201cEssentially, you\u2019re their landlord,\u201d Ringston said. The first thing you\u2019ll need to do is serve a notice of termination, notifying them that you\u2019re ending their tenancy. If you can\u2019t afford the services of a lawyer to draft one for you, you can do it yourself on the <\/span>New York City Housing Court website.<\/a>\u00a0<\/p>\n

According to Ringston, an uninvolved party must serve the notice, ideally by hiring a process server. Pricing is typically based on the number of times they need to return to serve the notice, with a range of a few hundred to a few thousand dollars. You can find one <\/span>here.<\/a><\/p>\n

You’ll need to give your roommate one complete rental cycle’s notice to vacate, whether it’s a week-to-week or month-to-month arrangement.\u00a0<\/span><\/p>\n

Of course, co-existing can be uncomfortable during that time, so you may want to find friends or family to stay with for the time being. That said, you might not trust the person to leave the apartment in the same condition it was found.<\/span><\/p>\n

In the rare case the person refuses to leave, it is essential to refuse any further rent money from them.\u00a0\u201cIf I\u2019ve said that your tenancy ends on a certain date and then I accept next month\u2019s rent, I\u2019m effectively extending their tenancy,\u201d Ringston said. \u201cGetting an eviction can take time, and since you can\u2019t collect rent, which you probably need to afford the apartment, you can end up in a very difficult situation.\u201d<\/span><\/p>\n

Don’t change the locks (yet)<\/span><\/h2>\n

You can (should) expect to garner a wide range of potential responses\u2014some roommates might just be angry, while others could become threatening and dangerous. <\/span><\/p>\n

\u201cYou have to keep yourself and your things as safe as possible,\u201d Saladino said.\u00a0<\/span>She recommended telling a roommate who seems particularly upset, \u201cLet\u2019s just take time to cool off and let me know when you’re ready to talk.\u201d\u00a0<\/span><\/p>\n

If things become so contentious that you\u2019re afraid that your belongings will be trashed, get a lock on your bedroom door, Ringston advised, but don’t lock your roommate out of the apartment. Housing court judges won\u2019t take kindly to it.\u00a0<\/span><\/p>\n

\u201cYou\u2019ll be subject to criminal and civil penalties,\u201d she said.<\/span> \u201cYou\u2019re subject to criminal fines up to $10,000, civil penalties up to $100 a day, and treble damages, meaning liability for three times the tenant\u2019s actual damages, and yup, you could even end up in jail.\u201d<\/p>\n

If the situation is so bad that you need to lock up your stuff, maybe you should be the one to up and leave. Of course, that\u2019s easier said than done\u2014especially if you\u2019re the leaseholder.<\/span><\/p>\n

What if you fear the person will become violent? Get the police involved immediately and try to obtain a restraining order against them, Ringston said. Only then are you permitted to lock out your menacing roommate.<\/span><\/p>\n

If all else fails, take them to court<\/span><\/h2>\n

If your roommate doesn\u2019t leave on their own volition after the termination date is up, you can take them to housing court. The first step is to file a holdover petition, a type of legal action commenced when a tenant, or in this case a roommate, has overstayed the term of their tenancy. <\/span><\/p>\n

\u201cIf the tenant\/roommate does not vacate the apartment by the date set forth in the first notice, he\/she is \u2018holding over.’ If you win your case, you get a judgment of possession, meaning you have the right to the apartment, and a warrant of eviction, which means that the other person has to get out,\u201d Ringston said.<\/span><\/p>\n

If hiring an attorney is beyond your budget, “having a lawyer is always a good idea, but landlord-tenant court is made to be accessible to pro se litigants, so it can be navigated without one,” Ringston said, adding that the cost depends on many variables, including the complexity of the case.<\/span><\/p>\n

\u201cThe majority of the time, you get together with the court to agree on a date that [your roommate has] to leave by,\u201d she explained. And usually, they will leave once a judge has issued an eviction order. \u201cIt\u2019s not often that you have to have someone physically removed,\u201d she said. \u201cIf you don\u2019t have a legal right to be there, most rational people will understand that it\u2019s the end of the road.\u201d<\/span><\/p>\n

Because housing court can be time-consuming and stressful for all parties, it’s worth avoiding it altogether. \u201cThe biggest weapon you have when it comes to roommate dealings is communication,\u201d Hutchinson said. \u201cKeep talking while you’re living together. Don\u2019t just wait till you\u2019re so angry you can\u2019t even look at each other.\u201d<\/span><\/p>\n

As uncomfortable as it can be to ask your roommate to move out, it\u2019s a conversation you shouldn\u2019t put off for long.\u00a0<\/span><\/p>\n

\u201cYour living environment means everything\u2014it\u2019s crucial to your health,\u201d Saladino said. \u201cIf it\u2019s a really bad situation, you have to get out of it. Sometimes you have to put yourself first.\u201d<\/span><\/p>\n

\u2014<\/span>Earlier versions of this article contained reporting and writing by Alanna Schubach, Leah Hochbaum Rosner, and Nikki M. Mascali<\/em><\/p>\n<\/div>\n