apartment therapy changing the world, one room at a time


Good Questions: Can I Evict My Housemate?

12-19-messy.jpgHello AT,

This is a tricky question. I rent a room from a woman who holds the lease to our apartment. The apartment is in a great location and the rent that I pay is an amazing $400 a month. I have been there four years. But there is a problem.

My apartment mate is a total and utter slob. She has a problem with letting things go her side is filling up with unimaginable clutter. And then there are the hairballs in the kitchen.... I can't take it anymore.

I don't think she will ever change, but I never want to give up this great rent. Do I have any legal rights? Can I evict her or is there anything I can do?

Thanks, Ross

(Note: Include a pic of your problem and your question gets posted first.)
Link To All Good Questions
 
 

Dear Ross,

New York real estate will drive people to do some pretty crazy things. However, we don't believe that you have any rights without holding the lease and you're fate is that it's either HER way or the highway.

Anyone else?

(photo: Yiyun)

Tags

Good Questions

Related Links

Share

Comments (32)

nope sorry. no rights at all.

posted by New Tenant on 2005-12-19 13:09:08

why don't you suggest sharing the cost of a cleaner to come in once a week or even every other week?

posted by New Tenant on 2005-12-19 13:09:51

You're an illegal sublessor and you want to evict the leaseholder because she's not tidy enough for you? Ross--get a grip, and move. Or pay for a once-a week maid service.

posted by Rachel on 2005-12-19 13:10:37

Hi Rachel
I don't think he is an illegal sublessor (actually the correct term would be sublessee). He is renting a room from the leaseholder, which makes him a roommate. Under NY law, a tenant is permitted to have a roommate, regardless of what the lease says. He is only an illegal sublessee if she is renting the entire apartment to him without the landlord's consent. Just wanted to clarify.

posted by New Tenant on 2005-12-19 13:19:04

Maid service will solve uncleanliness but not clutter. Ross, my psychic powers tell me there's an encounter with Craig's List in your future.

posted by wende in san francisco on 2005-12-19 13:19:32

You are stuck with the situation. But with that great rent, can't you afford a little place in the country???
;-)

posted by Frank on 2005-12-19 13:19:42

WHAT country??

posted by anne (the mean one) on 2005-12-19 14:22:46

as someone who used to clean apts i can only tell you that often slobs who get maids get even worse in their habits. so maid service may not necessarily help. you've been putting up with this person's mess for 4 years? even that rent isn't worth living in a dump. it's time for a change but don't bet on your friend changing. it will be up to you. you NEVER want to give up that great rent? who does? maybe it's time to bite the bullet and pay more rent for your own place or find another space with a new -- and neater -- room-mate (I doubt you are the only person in the city with this problem). get the lease in your name -- that way you will have more say over the environment! in the meantime i fear you have no rights here.

posted by kat on 2005-12-19 14:23:00

Hi Kat
I'm surprised to hear that people who hire cleaners actually get messier. I would have thought that people would be more likely to pick up their clutter a bit to make it easier for the cleaner to clean and that having someone clean regularly would help them stay on top of things. Who knew?

posted by New Tenant on 2005-12-19 14:36:12

Why don't you just use all the money you've been saving by having a $400 rent to put a downpayment on your own piece of NYC where you can be as clean as you wanna be?

posted by Max on 2005-12-19 14:38:44

There's an even easier solution! With all that clutter around, you could probably start auctioning an item or two a week on ebay, make a few extra buck and reduce the clutter at the same time. The roommate will never notice!



Just kidding, but for someone sadistic enough, it could work.

posted by Josh on 2005-12-19 15:55:55

You can either kill her and hide the body under the clutter, or start to steal her clothes or any clutter and sell it, the profit you make you can either a) Hire a maid or b) save up for your own place.

posted by sam from queens on 2005-12-19 16:23:36

As others have said, no rights unless you had something in writing. Even a landlord couldn't evict a tenant unless the mess was so bad so as to cause damage to the building, and even THAT would be a struggle from what I hear. Either deal with her, deal with paying more rent, or move to the suburbs of Pittsburgh where you could luck out with a 2 bedroom for that rate (according to my cousin who lives in such a place...).

posted by Christine on 2005-12-19 16:36:32

call mission organisation to clean it up

posted by curtis on 2005-12-19 17:16:20

Unfortunately, you can't just call someone else and have them clean it up. If the person doesn't want to be clean and isn't bothered by the clutter/hairballs, there's really nothing you can do about it. Start saving up for a down payment or broker's fee now...

posted by mary on 2005-12-19 17:33:22

Does that room still look like that since the 2003 picture on here Xanga site? If so, she definitely has a problem.

posted by Rich on 2005-12-19 17:43:22

Sam's comment made me laugh out loud. Perfect.

Reality: It isn't your place. You're just paying the leaseholder rent. Rent reduces your rights to nil. Move. She won't change. Although I tend toward neatness, it is her place and if she wants to be a slob, so be it. Hmm...maybe she's trying to tell you she doesn't want you there anyway. Whatever, you can't pay cheap rent, live with someone who has the legal power, and then complain about them. Just move and yeah, what about all that money you've been saving from not paying real life rent? You have been saving, right?

posted by jmarieb on 2005-12-19 17:45:55

i like the mission organization idea.

does she need some shelves or things to put her stuff in?

maybe you can pitch in for some shelves, drawers, etc. you can get drawers from IKEA for cheap.

and, yeah, start saving your pennies for a new place.

posted by anon on 2005-12-19 21:34:05

yea if your not on the lease its hard.

however, i once had a friend who had a roomate that was terrible and she wrote a letter to the landlord saying how the roomate was a total slob and did not care for the apt and how she wanted to protect his investment and keep the apartment in a much better condition so it would be worth more to him. her roomate got evicted. it was not an easy task thou.

posted by louis w on 2005-12-19 21:45:24

I just said on another post I wouldn't give a political view but I have to tell you and you will all join in on disagreement, that we are becoming a nation of slackers with a huge sense of entitlement.

Get a better job. Find your own place. Move on. This is said with much experience behind me and no judgement. Sometimes, you just have to work a bit harder to get where you want to be.

posted by jmarieb on 2005-12-20 10:03:12

Maids do make you messier. Since we had one coming in a few times a week we do far less in keeping the place tidy.

posted by Clark on 2005-12-20 10:50:14

I totally agree with jmarieb. Our grandparents would have taken a second and even third job to better their lives and afford a decent place to live.

posted by Lori on 2005-12-20 11:28:57

I wouldn't give up $400 a month rent.

You could look for a similar situation - with a tidy roommate - while you're still there.

Give your roommate the aforementioned gift of maid service.

She will pick up a bit before the maid comes is my guess.

Well, try it anyway.

Another slob (and feeling self-conscious about it today!)

posted by Kathy on 2005-12-20 12:24:09

Even if you did get the person out, you would then have the whole lease to yourself - presumably way more than $400/month. What's the whole rent of the place?

posted by a on 2005-12-20 15:28:12

a
I imagine he is thinking that he will be able to get another roommate, but that it will be his choice and he will be able to get rid of them if they are slobs as well.

posted by New Tenant on 2005-12-20 15:46:43

Well Lori agrees, thanks.

It so happens I have rather inexpensive rent. Not $400, but much lower than my area calls for. I live in a really nice Westchester Hudson River town and within walking distance to Metro North so I'm lucky. But the luck came with some hard work. Plus I have a day job and a jewelry business, blah, blah, blah. I'm motivated.

Living alone you can do what you want but with roommates its different. Like a marriage. If you were married to a slob, what would you do? You either work it out or let it go. Its all a matter of motivation and compromise. Doesn't appear the leaseholder is willing to compromise nor is the roommate motivated. Someone, get motivated.

Maybe the renter could entice the leasholder to start looking at design info but I think this is a lost cause. I'd also be curious in knowing what the combined rent is for both and what keeps them there.

posted by jmarieb on 2005-12-20 22:24:52

You can't be serious, being just a roommate whose name is not on the lease, that you think you can evict the leaseholder? What I find amazing is that after four years of living with someone in preumably close quarters, you can't have a straightforward conversation with her! After such a long time living together, you should be able to express yourself. Tell her what's driving you crazy and you'd like to see some changes. Ask her if there's anything you can do to help - don't be threatening. For that rent, she'll be able to find a replacement roommate very easily. If it doesn't change, get a folding screen and divide the rooms that you share, telling her you just can't look at her clutter anymore.

posted by Diane on 2005-12-26 19:28:22

A few years ago I found a bed made of tubular steel with a high headboard and footboard. May have been called "Cage Bed". If you know what I am referring to, can you provide the name of the bed and what website and/or store where I can find it?

Txs.

posted by Roz on 2006-01-02 20:36:11

I have rented without a lease at the same address for a year and a half. On December 7, 2005, our landlord (a local church) called and said they needed the house back by Jan 15. They say they have a new youth minister coming in and he'll have to live here. What are my rights? I can't afford to move for at least another month or month and a half. He hasn't given us anything in writing, etc., yet.

posted by Kathy on 2006-01-04 19:22:54

Please help. My brother and sister-in-law are getting a divorce. She just stated this a week ago and had another guy in our house that very night. My brother is in the hospital and is dealing with legal issues over this. I own and have the title to this trailor but she is on the lease alone for the lot. According to our sheriff's office they made me leave for the night because she has 4 kids that children's services are investigating. I am staying at my boyfriends house and she moved in her mother, mothers boyfriend and the other "kid" that she's screwing around with. I live in Grove City, Ohio and I REALLY need some assistance.

posted by Teresa on 2006-06-16 23:12:53

i have a ? i am buying ahouse in tennessee and i had a girlfriend to come to live with me for a while but she is a mess can i have her put out my house she pays no bills she have no lease nonthing but i want her gone i didnt see a law where she have the rights to remain in my house.how do i get ride of her.

posted by rj on 2006-12-04 03:05:54

I have aids andI have been living with a roommate for 8 years. I`m not on the lease,but our verbal agreement is i pay for cable service and telephone as rent. He just gave me a 2 week notice to leave. What can i do?

posted by Tompar on September 2nd 2008 at 6:57pm
view Tompar's profile

Feeds

RSS icon New York

+ City Feeds