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NY roommate removal after I break the lease

Posted by SB on July 15, 1999 at 09:49:03:

I am currently living in a co-op building and renting from the sponsor.
Thus, it is not rent stabilized and not rent controlled. I am in the process
of buying another co-op apartment in the same building. For the past 2 1/2
years I have had a roommate living with me. For 2 years we each wrote
separate checks for the rent and submitted them to the sponsor (landlord).
The landlord excepted both checks. I am the only name on the lease. My
roommates name is not on the lease. Recently I have been asking her to give
the rent check to me in my name and I have been submitting the checks to the
landlord. Since Jan 99 my roommate has only submitted two checks in her name
to the landlord. My landlord told me that I could break my lease and get my
security deposit back aslong as my roommate was out before or the day I move
out. However, she does not want to move. She says she has a right to the
apartment b/c my landlord accepted her check for two years. Form what I understand
she does not have a right to it b/c it is not rent controlled or stabalized.
My landlord also does not want to put the lease in her name. He wants to sell
the apartment and has people lined up to buy it. My roommate cannot afford to
purchase the apartment. With this background information. I need to know.
Does she have a right to the apartment because she paid rent in her name for
2 years and the landlord excepted the checks eventhough her name is not on the
lease? If she does have a right will I be held responsible for her actions or
another roommates actions, being that she plans to have another roommate move
in? Can she live here without a lease? Am I responsible still for collecting
the rent for my landlord? Or when I break the lease, I assume I will lose my
security deposit if she does not move out and then would the issue be between
her and my landlord or will I still be involved? Should I start evictions
proceedings? Should I contact a lawyer? Keep in mind this is not rent
controlled or stabilized. Any advice you could give me would be greatly

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