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Who has to go? Me or my roommate?

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Who has to go? Me or my roommate?

Postby orionsbabe » Tue Jul 09, 2002 12:06 am

Hello! I live in a great apartment in Brooklyn and am very happy. The only problem is that my roommate who selected my to sign the lease with her has very little ability to negotiate a successful roommate relationship. The situation I am in is that she has resided in the apartment for 6 years, and I, for only 1. My relationship with the landlords, who live downstairs, is good, but my relationship with her is poor, based not on any failure on my part to act the successful roommate, but based on her inability to honestly communicate her needs and not feel hostile towards anyone who is sharing space with her. I would like to stay in the apartment, but she has asked me to leave at the end of the lease term, which is less than 3 months away. I asked my landlords about this, and they said that she can make that decision [to ask me to leave] but I feel that since I have been a good tenant and respectful roommate, I should have the same rights as she has to stay. Are their any legal loop-holes I can employ to back me up?
orionsbabe
 
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Re: Who has to go? Me or my roommate?

Postby Brooklyn Babe » Tue Jul 09, 2002 1:56 am

If you are both on the lease then you both have rights to the apt. Once the lease expires you both become a month to month tenant with the LL, unless the building is stabilized, in which case you must be offered a renewal lease. If it is not stabilized then there is no lease renewal unless you negotiate with LL. In that case, you must be served with a 30 day notice from the LL.
Since your LL said it is your roomies choice, I am wondering what, if any, lease you signed. Did you sign a roommate lease with her -meaning she is the primary tenant who holds the lease with the LL? If that is the case, you can stay past your expiration date and she must serve you with a 30 day notice, then bring a Holdover prooceeding against you- which she will most likely win...
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
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