Full title cut off: NYC Roommate eviction, month to month, no lease with landlord, but I'm longer tenured tenant, all utilities in my name. Just for an early summary.
I've lived in a legal two bedroom apartment in a house for over four years now. I took over the apartment over three years ago from the tenant who "found" me. (about October 2011 I believe). There has never been a lease with the landlord by anyone occupying the apartment. Upon the departure of the roommate that I originally moved in with, I took control of the apartment. I found someone else, and he stayed for about a year. Then my current roommate moved in. The utilities (gas/electric and internet) are in my name. Since taking control of the apartment from my original roommate, the landlord has always informed me of rent increases, maintenance, or any other miscellaneous matters. I have established a "landlord tenant" relationship with him. He even leaves the rent up to me to divvy up as I please with the roommates of my choosing. In summary, from what I can discern, I have a month to month verbal agreement with the landlord in an unregulated apartment (*edit*) in which I am the tenant and they are the subletters. I had the apartment first and controlled the apartment entirely in the gap between prior roommate and current. They took a room from an apartment I control. To reiterate, this is not rent stabilized or controlled. He has no problem knowing that I pay a much lower amount of rent than the other party (I also have a significantly smaller space - it's not an unreasonable agreement considering the space and that they are a couple).
From everything I can tell, I am within my rights to do so, as I am the primary tenant, and controlling party of the apartment, since I set the rent between the two parties (based upon the landlords set rent). We both pay rent directly to the landlord, but they don't know how much I pay. This is a convenience issue for him. I intend to inform him of my decision in advance as well, just to get his "support" on the issue, and I imagine that when I lay out the reasons why (in detail they are more compelling) that that will not be a problem.
If I give them a notice of termination, served properly and with proper documentation and notice, without any sort of intimidation, threatening, or menacing behavior, and they opt to overstay, will I have means by which to serve a holdover petition? They are not a hardship case (pay about $1200 a month with rent + utilities already, have plenty of "nice things", one is in school, the other "took time off work" to study for a grad school entrance exam, and I imagine any sort of bank records to try to make that claim would demonstrate that they are receiving money from outside source, probably family, probably hers).
I am no longer a licensed real estate agent, but I did get licensed at one point, and work as a rental agent for 7 years in Manhattan, so I am pretty familiar with "landlord tenant law" but am having difficulty finding specific information for this specific type of case on the internet. I still have many friends in the business, even a few lawyers who would do me a favor since I've given them referrals before, at least offering information and guidance, at most perhaps helping me if there were a court date. I assume they will not be able to afford a lawyer (I'd imagine if they could they'd have probably voluntarily left for their own place by now - they don't like living with me either). I imagine a lawyer can run in the hundreds of dollars an hour, though I've never asked any of my contacts (and would like to avoid that at the risk of appearing tacky).
Additionally, I believe I am able to, with 30 days written notice, properly delivered, raise the rent to anything I want, since I have always controlled the rent for entering occupants. If they do not agree, I could then begin a non payment petition. I'm not as sure about this aspect, but I believe it to be the case. Please correct if wrong.
To recap:
No written agreement between myself and landlord, them and landlord, them and me.
People in the apartment: Me, longest tenured tenant (4+ years). Them going on 1 1/2 years.
Payment: directly to landlord in both cases.
Utilities: all in my name
Rent distribution: determined by me
If I missed any pertinent information that would help determine an answer, please let me know. I'm fairly thorough so I'd be surprised if I skipped anything obvious, but it's possible, for sure.
edited to add one additional piece of information.