At a free legal clinic at the BAR Association, I was advised to file a Non-Payment action against my roommate right away for non-payment of rent THIS current month. She refused to pay the rent, deciding to use her Security Deposit to cover it.
I'm confused - I read on an AVVO Attorney response - that I can't file a Non-Payment "Summary" action against a roommate. That I could file only a Holdover action. She won't be holdover until the 1st of next month - so I will lose time.
[I sent her a Termination Notice on 6/30 for 7/31. And she signed a document saying she'll vacate by 7/31.]
Is it only a "Summary Action" for Non-Payment that I can't file? Or can I not file a Non-Payment action against her at all?
And, do I file for eviction - or rent monies (Security does cover rent) ?This is a rent-stabilized apartment. I am on the lease. Roommate is not. Roommate Agreement is between us - in writing. Term of residency was originally through 9/30/12.