Legal Question in Landlord & Tenant Law in New York

Re: Eviction

In effect your roommate is your tenant,the landlord's subtenant. As such, as far as the landlord is concerned you are not vacated until your roommate moves out. The responsibility to get him out is yours and you may need to start an eviction proceeding against him. Perhaps you can use the landlord's lawyer but you should be prepared to foot the costs. And, no, don't expect to get your secuirity deposit back unless your roommate vacates along with you.

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Re: Eviction

This is a complicated case. While the landlord will claim that you are his tenant and the roommate is your tenant (that means that if the roommate stays, you have not left the apartment and you do not get back your depsit. In fact, you must continue paying rent).

On the other hand, you will claim that the landlord accepted the roommate as a tenant and, therefore, when you moved out, your legal obligations ended and you should get your deposit back and owe no further rent.

In the absence of a written lease, the facts will determine the case. Did the landlord accept money from the roommate directly and, if so, was it by check from the roommate's account? If so, you are in good shape. If not, then it is up to the judge.

The best idea is to sue both of them in Housing Court. Add both of their names as defendant's. The idea is to try to get the judge to see this as a dispute between them and you are not involved. Anopther way is to sue the roommate and then make a motion to have the landlord included as a co-plaintiff. This is possible.

The only bad thing you can do is nothing. Get this to a judge or get an agreement with the lamndlord. You can 'assign' your rights and give the landlord 'privity' (give the landlord standing to sue even if the roommate is your tenant).

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