NYC-Roommate out NEW roommate in

[Persona]

Hello,

My current roommate will not honor the Notice of Termination and says she will be moving out at the end of next month.

I have elected to allow that by waiving the Notice. I know it's risky but I can't afford the lawsuit at this time.

What if I find someone else to take over at the end of next month and the current roommate doesn't leave? How can I ensure that nobody "gets hurt" in this process, especially the incoming roommate?

Thank you.

[AFFA]

I wish to inform you that you may serve a written notice to your roommate to vacate the premises at the end of next month. You may inform her that if she does not vacate at that point of time then she will be responsible for all the damages and costs as a result of her actions. If she does not vacate at that time, you may file an eviction lawsuit and claim damages and costs.

AFF

[sandyclaus]

Originally Posted by Persona Hello, My current roommate will not honor the Notice of Termination and says she will be moving out at the end of next month. I have elected to allow that by waiving the Notice. I know it's risky but I can't afford the lawsuit at this time. What if I find someone else to take over at the end of next month and the current roommate doesn't leave? How can I ensure that nobody "gets hurt" in this process, especially the incoming roommate? Thank you.

Unless you terminate the tenancy through a legal eviction (in court), then you will have to wait for the current tenant to vacate and voluntarily give up possession of the premises they rent from you.

If you try to rent out the room to someone else before the old tenant vacates, then you will have taken their money without having any means to grant them possession of the rental premises.

The solution here (although not a popular one) is that you have to wait until you KNOW that the current tenant is leaving and coordinate your search efforts accordingly. You can't deliver possession of something you don't have.

[Persona]

Thank you all for responding.

I have to think about it and come up with a decision within the next 24 hours.