Roomate eviction

Hi everyone, I'm writing because I'm having troubles with one of my roommate and I would like him to leave our house. Here the situation: 1) We are 3 roomies (me, 30s and Italian moved to NYC 10 months ago, An Irish guy moved to NYC 1 month ago and an American guy)and we have just signed the lease(2 Saturday ago) for an apt in a luxury building, located at NYC (Financial district). We had to apply... [more]

Hi everyone, I'm writing because I'm having troubles with one of my roommate and I would like him to leave our house. Here the situation: 1) We are 3 roomies (me, 30s and Italian moved to NYC 10 months ago, An Irish guy moved to NYC 1 month ago and an American guy)and we have just signed the lease(2 Saturday ago) for an apt in a luxury building, located at NYC (Financial district). We had to apply for a credit check and being approved before signing the lease and everything went smoothly: all of us have a stable job and good credit. 2)In order to lock the apt and in the meantime doing the application, I have anticipated the deposit ($2,500). The Irish guy immediately gave me cash back and the American guy gave a check, but the day after he called me telling me that I took the wrong carnet and so the check would had probably been returned: He was supposed to be out of town so I told me "When I'll be back next week I'm going to give you cash back". He did 2 Saturday ago, the day we signed the lease. Within that day we were also supposed to pay the first month rent (Our lease started on 26th of October: me and the Irish guy, at that time had already pay our portion of the rent and the American gave a check to the leasing office for his portion. the week after his check is been bounced again and when we asked him for explanation he told a HUGE LIE. He said someone signed in in his bank account and bought a car using his money for $65k and his account was like -40k and He had to go to the police and bla bla bla. Me and the Irish anticipated his portion of the rent in order to get the keys and move in the apt (twice because initially the management of the building told us to pay online and then they required also certified funds, so we paid double his rent): its been last Thursday. He told us he is going to give us back everything by this Thursday because the bank will refund him his money. We are waiting for mangt reply regarding the refunding of the portion we paid in excess: if they don't refund us now, that money is going to stay on our account for next month. In that case we told him he will have to refund us the whole amount so is going to be like he paid his portion of the rent of December in advance (which is fair since it his fault). He his trying to obtain the refund from magnt because I'm sure he doesn't have the money for pay in advance e refund us for the whole amount. The thing his, I found him on craiglist, I barely know him, I trusted him at the beginning but know I want to switch roommate: me and the irish have already found the replacement but I'm not sure if talking with him honestly and try to put him in the position to leave (making him feeling not welcome ecc) is the best way to solve the problem. I don't know what else we can do, since the lease is just started and we have the same right and obbligations on it. P.S: he has the keys but he didn't move in yet, is going to do this Friday. Any suggestions? Thanks a lot in advance! [less]