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Hello everyone, excuse me for asking a question while being new, but I really need advice.
I was subletting to my family member for a year since last year, and we agreed vocally that he'd pay a certain amount, it's not the amount that I paid, but he agreed to it vocally. Now the year is up and he has never paid on time and he also is causing trouble and damaging my place even because he's not exactly mentally stable and saying he wants to stay still even though I'm going back with my wife and children.
He says he is going to tell them that I overcharged him and he will try to have me lose the apartment and that I overpaid him, but he just agreed to pay me that amount as a family member to help me out.
Does he have any possible case or am I wrong for taking more payment? He's using a facebook message as "evidence" of me charging more but he was asking me to pay less and I said that's fine because it's your choice.
Let me see if I read you right.
You have an apartment for which you pay some controlled rent. You sublet to unstable relative for MORE than your rent. You want him out, he wants to stay and claims he will report you otherwise. He will leave if you give him some money.
Is that correct?
Have all your transactions been for cash with no receipt?
If so, then a couple items:
1. To sublet you MUST inform your landlord as a first step. I'll bet you didn't do this.
2. Under rent stabilization, you cannot charge a sublessee more than you are paying. It doesn't matter whether he agrees or not.
3. Except for a charge for renting your furniture...up to 10% of the rent extra.
To some degree, you are at his mercy here. How much does he want to clear out?
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