AITA for giving our subletter 5 days to move out after finding a more stable tenant?

edit: I think some people think I’m a landlord. I’m the tenant along with another roommate. We’re on the lease.

My roommate and I sublet a room in our apartment to someone who has been here for over 30 days. There wasn’t a formal written lease between us, just text agreements.

He didn’t pay a security deposit when he moved in because we were keeping the previous tenant’s deposit to cover the room. He paid February’s rent on the 20th. He offered to pay March’s rent early but I just don’t trust him.

Recently, we found another tenant who seems more financially stable and ready to commit longer term. She actually paid first month’s rent and security deposit already. We gave the current subletter 5 days’ notice to move out (we notified him on the 22nd and asked him to be out by the 28th).

He says 5 days is not enough time to secure housing in NYC and that he needs more time. He’s still here and says he’ll move once he secures confirmed housing. We already accepted rent and security from the new tenant for March and told her she could move in.

Now we’re stuck in an overlap situation. He says we created the problem by double-booking the room before he was fully out. We feel like 5 days was generous since he’s not on the lease and didn’t pay a deposit.

It is now the 2nd and he’s saying he needs another day and is being combative. He was staying on friends couches before and I’m telling him to just go back to one of those situations but he is reluctant. He alo

Are we wrong for expecting him to leave in that timeframe? Or is he wrong for staying beyond the date we gave him?

14 thoughts on “AITA for giving our subletter 5 days to move out after finding a more stable tenant?”
  1. YTA – your subletter is absolutely correct and what you did is messed up, and likely illegal on a number of fronts (are you even authorized to have subletters? How do you justify keeping the previous renter’s deposit? Etc)

  2. YTA and what you’re doing is likely illegal. Doesn’t matter if there was no lease, he’s legally a tenant, and you can’t just choose to evict him without proper notice and documentation.

  3. YTA He was homeless before and I want him to be homeless again for my own convenience is definitely an asshole move

  4. Yeah, YTA, regardless of the circumstances you can’t ethically uproot someone like that with so little notice. If I were your new tenant this would make me not want to move in, or at least not to stay very long. But you probably need advice from a lawyer more than judgments from random people on Reddit.

  5. It’s really not that hard to look up tenant laws.

    You 100% f’ed up by taking his money. He can legally squat you for up to 90 days if you don’t start being reasonable and work with him.

    Advice: Offer him some amount of money to leave immediately. Figure out what it would take and offer the right amount though. Probably at least a grand to get him out tomorrow.

    It may sound crazy but I am giving you real advice.

  6. YTA. 5 days is definitely not enough notice and your subletter is right. You created this situation. As others have said, you are likely acting illegally.

  7. YTA typically it’s 30 days notice when evicting someone how the heck is someone supposed to find housing in NYC within five days?

  8. Surely this is bait? You can’t actually be this clueless about how horrible you’re being?

  9. YTA. You don’t need a formal lease. You are attempting to illegally evict him. You need to give him at least 30 days notice. You also know that 5 days is really tough to find a new apartment in New York. It doesn’t happen that quickly. It takes time to look. You created a clusterfuck by already taking money from a new tenant and now you are screwing that person over as well. Good luck dealing with this dumb situation you created by just ignoring the law.

  10. YTA.

    In NYC, subletters establish residency after 30 days with or without a lease, and you must serve them with a formal eviction (30 days being the minimum term). I believe all evictions in NYC must be court ordered. You need assistance from a lawyer, not Reddit.

    Beyond your 5-day eviction notice being illegal, it’s just simply unethical as well. Why would you treat a fellow human that way?

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