Posted by MikeW on May 07, 1999 at 13:07:57:
In Reply to: Roommate debaucle posted by Brian on May 07, 1999 at 12:42:31:
He can't force his way onto the lease without your consent. Period.
In order to get him out, you have to formally serve him with a legally mandated 30 day notice (the verbal agreement for 60 days won't work). Get the form from housing court. There are significant timing issues at to when in the month you can serve the notice. Once the 30 days expires, you will have to start an eviction proceeding, again in housing court.
The best piece of advice, get a lawyer. This is a standard procedure for which the have a standard fee (figure $3-400).
: I am in a rent-stabilized apartment in Queens. I have lived here for 2 1/2 years. Last August, my old roommate moved out, and I took on a new roommate to replace him and to split the rent. My landlord was made aware of this situation and gave his consent. In November, my lease came up and I signed it alone - without my roommate, who was given the option but by either lack
: of desire or sheer laziness did not sign with me.
: Since the signing of the lease in November, the living situation has not worked. He agreed to pay half the deposit with me (he had not paid a deposit up to that point), but for four months straight, he was a month behind paying me the rent. Utility payments lacked for months, and after several arguments with him, in March, I asked him to leave within 30 days on the grounds that he did not pay bills on time and the apartment, a one-bedroom, was simply to small for the both of us to occupy. My needs had changed, and part of his occupancy up to March had been on the grounds that he would aid in a new apartment search with me - something that he had failed to do.
: His argument was that I cannot suddenly decide that he must leave, and that 30 days was not enough time. Being somewhat compassionate to the difficulty of apartment-searching in New York, we agreed upon May - 60 days from the time I asked him to leave. This was consentual. He even told the Landlord that this was the case.
: Two weeks ago, he had not packed, and I asked him what his living situation was. His answer was that he needed more time. In truth he hadn't taken our agreement seriously, and only really looked at two apartments in the total 60 days he had the opportunity to leave.
: Now he has made threats to the tune that he wants to co-sign the lease with my landlord behind my back without my consent, on the grounds that he has lived here for more than six months. I want to know if he actually has this right, if I have the right to demand he leave immediately, and if I should involve my landlord at this point, as it's now May 5th, and he still has not found an apartment, nor has he packed. Before I make any serious ultimatums, I need to know that I have the right to do so.
: Thank you,
: Brian Robinson
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