I have been living with my girlfriend in an apartment in NYC for 1.5 yrs. I am the only tenant on the lease, but designated her as a room mate. We broke up six months ago and I wanted her to leave ever since. She refuses, saying she has a right to stay since she has been living there for so long (without ever paying rent I am wondering what her rights are, though). I have tried to talk her into moving out on her own, but to no avail. To get things moving, I served her with a 30 days notice (via email to all her active email addresses) to vacate the apartment, that was about two months ago. Whenever I threaten to evict her, she starts messing around, which includes harassing female friends of mine whose phone numbers she copied after stealing my SIM card one day... or may include smashing things in the house, or threatening me verbally. She has nothing to lose because no money and no place to go...
What are my legal options here? One complication might be that there is one additional sub-tenant who is not on record but with whom I have a sub-tenant agreement (which I did not have with my ex, at least not a written one that can be consulted). I did not run the additional sub-tenant by the landlord because the lease conditions require a 10% increase in rent for an additional sub-tenant. So, I am worried that when going official with an eviction or something like that, that I will also be evicted for having an additional "illegal" room mate in the unit.
The lease expires in May 2010, but my ex has already made it clear that she will not leave even if I vacate the unit at any time (not that I want to wait until May 2010 to get rid of her). I have thought of moving out myself before the lease expires, but if she does not want to leave, what is going to happen? Is there any way out of this nightmare?
What are my legal options here? One complication might be that there is one additional sub-tenant who is not on record but with whom I have a sub-tenant agreement (which I did not have with my ex, at least not a written one that can be consulted). I did not run the additional sub-tenant by the landlord because the lease conditions require a 10% increase in rent for an additional sub-tenant. So, I am worried that when going official with an eviction or something like that, that I will also be evicted for having an additional "illegal" room mate in the unit.
The lease expires in May 2010, but my ex has already made it clear that she will not leave even if I vacate the unit at any time (not that I want to wait until May 2010 to get rid of her). I have thought of moving out myself before the lease expires, but if she does not want to leave, what is going to happen? Is there any way out of this nightmare?
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