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Old 01-01-2011, 08:27 PM
 
6 posts, read 26,978 times
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Hi guys,

I'd like to state up front that I am a legal sub-letter (with written lease between myself and my landlord) My landlord also has consent form their landlord/apt management agency to sublet the place to me.

On paper everything is legit. I moved into this place on the UWS in march 2010. Since then I have paid rent late 3 times (the most recent being this Decembers rent payment)

I moved in on the 15th of March so my rent is due on the 15th. My lease/landlord provisioned a 5 day grace period before a late fee is incurred. the late fee is $125 after the 5 day period and jumps to $225 after 10 days.(all documented on lease)

Since I've been here I have paid late 3 times (twice paying the $125 late payment fee and the most recent was more than 10 days which has been paid with included $225 late fee).
My rent is $2,600 and I placed 2 months security to move in + the first months rent. I handed over $7,800 when I moved in.


My story is simple, I made a decent income when I moved in while going to school at night. I went through a financial rough patch during a job transition but luckily It didn't take long for me to find employment. However I am making less now. My plan was to at least finish my lease so that I could take my deposit and find a cheaper place.

During this month my landlord threatened me with eviction stating that he "just didn't have the time to deal with me" and "doesn't want to have to double check and make sure the rent was paid every month" Which is understandable.


My question is, how easily and legitimately can he have me evicted? I'm not financially prepared to move and start over, especially if he drags me through rent court and tries to subsidize his lawyer fees with my deposit.

I've never had the habit of being behind on rent and I've made the appropriate lifestyle adjustments to make up for the lower income I now have.

I always assumed that "Eviction" was an extreme action taken against someone whom fails to pay rent completely for a few months (for example, someone whom refuses to pay at all)

I have never refused to pay, I've just been behind at times.. twice more than 5 days (but less than 10), and once I was more than 10 days late (12 exactly) other months were paid on time.

I have the intention of paying every month "on time" and I normally do.
I just don't think its fair that I should be taken to rent court over this.

So my question is, "as a legal subletter", how do the laws work differently as it pertains to my residency?

The landlord stated that he's "talking to his laywer this week, and will let me know what he's decided"

I just don't want to get hit with any surprises... such as "you have 30 days to leave and i'm keeping your deposit"

The place has been kept in immaculate condition btw. and I've had no problems with the neighbors.
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Old 01-01-2011, 09:19 PM
 
982 posts, read 3,954,383 times
Reputation: 508
Quote:
So my question is, "as a legal subletter", how do the laws work differently as it pertains to my residency?
You have the same rights with your landlord as he has with his landlord. He would also have the same expenses in throwing you out as his landlord would have throwing him out. He is not allowed to use your security to subsidze his attempt to evict you. At some point, any time actually you are entitled to see proof that the security has not been commingled with other funds.
It's not a simple "you have 30 days to leave". It's a drawn out process taking up to several months. It's not a question of degree where his case is strengthened for eviction, as long as he cashes your checks, even the late ones, the lease is in full force. He wrote into the lease provisions for paying rent late. As long as you abide by the penalties imposed then he has to abide by them too.
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Old 01-01-2011, 09:26 PM
 
982 posts, read 3,954,383 times
Reputation: 508
addendum: Even if he was that vindictive and refused to take further rent, and took you to court, the judge would force him to take that rent if you offered to pay. End of case.
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Old 01-01-2011, 10:03 PM
 
Location: Eretz Yisrael
21,344 posts, read 23,981,696 times
Reputation: 8848
Quote:
My plan was to at least finish my lease so that I could take my deposit and find a cheaper place.

Continue on your plan. It would take him longer to evict you than whats left on lease. The most he can tell you is that your lease will not be renewed. So if you are paying late and paying the late fees, he has no grounds to file for eviction. Just be prepared to be out in three months and take plenty of exit photographs (have a copy of that days newpaper in as many photos as possible). He has 30 days to advise you any deductions from deposit in writing and refund you the rest. Anything you dont agree with you may have to take him to small claims for or just let it fly.
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