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roommate refuses to move

Posted by josie on October 26, 2001 at 10:21:32:

i live in a rent stablized apartment in nyc. i have been living there for almost eight years and have been the only one on the lease. i got a new roommate a couple of years ago, someone at the time that i thought was a good friend. she signed a one page form at my landlord's office that said she was allowed to be my roommate/occupant. everything was done it's proper way.

well needless to say, she is not a good friend or roommate. she hasn't spoken to me in months, refuses to clean the apartment and has been very rude to me and my friends. the situation got worse when i asked her politely to clean the bathroom as i had done it for the past few months. she got really nasty, via a post it note that she taped on my bedroom door and told me never to tell her to do anything and that if i have problems on how clean the apartment was, that i have two capable hands and to use them. i tried to talk to her in a professional manner the night this came to a head but she basically told me she didn't want to talk to me and slammed her bedroom door in my face.

i sent her a polite but firm email a couple of days later stating that since she wouldn't speak to me she would have to move out. i gave her 60 days to find a place. her response was she had signed a lease and wasn't leaving HER apartment and for me to stop sending her stupid emails and to never bring up the subject again.

now, i got a lawyer and he said the law is on my side. she was served with papers yesterday but wasn't home at the time so i don't think she received them. what do i do if she disregards the notice? how long do court cases go on for? and what rights does she have based on this paper which allows her to be my roomie but says that she isn't a tenant? also, should i go to the police if she threatens me verbally or physically? any help would be appreciated.

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