How to Properly Serve a Notice of Termination

[Emily_Gar]

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

Hello everyone,

I share an apartment with a roommate who I am looking to evict. My situation is a bit complicated (I think) and am looking for the proper way to serve the roommate an eviction notice. My mother is the prime leaseholder of the apartment, but she does not live there. I suppose that technically means I am subletting from her since I give her the rent money.

According to the law: The Notice of Termination must be delivered by a person who is 18 years old or older and “not a party to the action.”

The roommate I wish to evict gives me her share of the rent, which I in turn give to my mother. Does this act make me a "party to the action"? Or will I have to find a friend to give my roommate the eviction notice? If this person does not leave after notice is given, my mother and I will take this to court. However, since I'm the one living there, and my mother does not speak very good english, I would be there with her throughout the entire process. Does this also make me "a party to the action"?

Help would be much appreciated, thanks!

EDIT: Would like to specify that by prime leaseholder I mean that it is only my mother's name on the lease, I am listed there as "occupant". The roommate's name is not on any contract or the lease.

[Mr. Knowitall]

If you're going to claim to be your roommate's landlord, obviously you will be a party to the action. But even if not, you want service to be by somebody who will be a credible, disinterested person - so if the claim of service becomes an issue in court you can present somebody the court will find credible to say, "I effected service." If you know you are a necessary witness to an action to be brought by your mother, and hope to be allowed to translate for your mother in court (and really, you should instead take appropriate steps to have the court arrange a qualified translator), you quite obviously should not be the person who serves your roommate.