Roommate Not on Lease Won't Leave, What Happens if I Terminate Lease and Move Out

[Lisa See]

My question involves an eviction in the state of: New York

I am the leaseholder of this apartment shared with a roommate who is not on the lease. When she moved in, we did not draw up any contracts regarding her length of stay, rent, etc.

Relations have gone sour between us and I have asked her to move, but she told me she can't afford to leave, and since then has aggressively refused to communicate with me at all. Luckily, my lease expires on June 30, 2010, and I've decided not to renew the lease so I can move out and live on my own. I do not want to spend the time and money on trying to evict her.

I am wondering whether, once the lease is over, if I have moved out but she hasn't, will she be my responsibility or will my landlord have to go through court procedures to evict her? It will be impossible for her to pay the full rent once I'm gone. What will happen to her and will I face any penalty for her failure to leave once my lease is over?

[PandorasBox]

YOUR name is on the lease.

If she stays....guess who is responsible?

Best to get the Eviction proceeding going, unless you want to pay more money for any damage she incurs to the apartment, any rent she does not pay, etc.

[Lisa See]

Where can I find the source for your answer?

I will have moved out by the time the lease expires. Once the lease expires and I remove myself and my property from the premises, aren't I no longer responsible for paying rent? I owe no back rent. Wouldn't that make her a squatter if she does not pay rent to our landlord?

There exists no agreement between she and I regarding her tenancy in one of my rooms. The police told me if the lease expires and she is still here, my landlord will have to deal with evicting her, not me. I just want to make sure that is true.

[LawResearcherMissy]

YOU are responsible for dealing with her, as YOU are her landlord. She is YOUR month-to-month tenant.

Did you even have permission from your landlord to sublet a room to her? When you asked her to leave, did you do so in writing? When did you ask her to leave?

I'm afraid you're the one responsible for getting her out. See to it that you serve her written notice of termination of tenancy prior to June 1. If she's not gone by the time your lease is up, you're responsible for evicting her.

[Lisa See]

Once my lease expires and I leave the apartment, I will have no tenant rights over the apartment, so shouldn't my landlord status end with the lease? How can I file to evict her when the apartment is no longer my property?

Because my landlord has not accepted any rent from my roommate (he receives payment from me), she is not his tenant. Wouldn't she then be a trespasser since she is not HIS tenant? My friend and broker both told me this but they are not attorneys.

Yes, I have permission to sublease. I emailed her 10 days ago to leave over email, and she responded to it, indicating it was received.