d day

[oldladydriver]

ok the contract i had with is A-hole who i sublet to, ends dec 31st. How do i approach the situation, i cant beat the crap out of him, although it sems very clear he needs it. This guy has been sitting in my apartment for like 5 months without paying rent or utilities, he deserves bad karma. The bastard had the nerve to email me and ask me what my PLANS were. Anyways , I know that i have to start a notice of termination, but do i try to get my apartment back by talking to this guy..?

[NYCkid]

Start by taking a deep breath.

[Cranky Tenant]

Actually you should have begun this a month ago. So I guess you have until tomorrow (December 31st) to serve him with a 30 day notice, and have it served by a third party who isn't your girlfriend, Otherwise you could be stuck with him through the Spring.

[Chimera]

A notice of termination needs to be served 30 days before the end of the month (assuming that he rented from the 1st to the last day of each month.) The notice cannot be served on a Sunday or a legal holiday. So, legally, he should be served with a notice of termination (I would get a lawyer to write it and a process server to serve it) by the end of the day TODAY (today being December 31), and even if you manage to swing that, you need to give him until January 31st to get out!

Good luck, these situations can be nightmares!

[consigliere]

Old Lady Driver,
 
You seem to like asking for advice in this forum -- and then ignoring it.
 
The pro se attorneys in housing court have also told you what to do.
 
First, you should have sued you subtenant for rent several months ago, and not let five months' rent be overdue.
 
Second, you can begin a holdover proceeding in housing court on January 2nd. No notice of termination is needed if you and the subtenant had a lease for a fixed term.