What do I do about my roommate?

[Diharrel]

I gave my roommate a 30 day eviction notice. He, at first, began looking for a place to live. Now, he has come back to me and said that he has retained a lawyer and will fight me and make the process last 6 - 8 months. He has also said that he can sue me because we are supposed to pay the same amount of money for the apartment (1/2 each), and that because he pays $100 dollars more (he lives in the bedroom, I live in the dining room)he can sue me for back rent. What are my rights? I'm willing to file a holdover procedure -- but, will I have to pay him the back money?

[HAJ77]

Get an attorney ASAP. If he wants to force a legal battle you really have no choice except to go to court, and going without an attorney is a very bad idea. As for your questions, you didn't give enough information about what you told him, any written agreements, or who's name is on the lease.

[Diharrel]

Lease is in my name. I gave him a 30 day eviction notice.. which is effective Nov. 30th. I have every right to kick him out -- he just wants to make the process longer so he can take his time finding an apartment. I offered to give him longer - but he says why make an agreement with me if his lawyer has guaranteed him 6-8 months of dragging out the court case. Also - can he sue me for paying 100 dollars more a month?

[MikeW]

I don't think he can sue you for the overcharge. The new rules give no authorization for that. But then again, this is a huge grey area, and you never know what some crazy judge could do in a situation where there is no precedent. However, the LLs have been trying to use these rules as a basis for evicting stabilized tenant that they want to get rid of. I don't know if they've been getting any traction on this, but even if your roommate couldn't get money from you, he could make trouble for you.

What ever the case, you need a lawyer at this point. You could also get the lawyer to request a rent deposit from your roommate. The money would be paid to the court while the case is in progress and released to you if you win, so at least the roommate wouldn't get away without paying.