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Old 03-04-2014, 06:31 PM
 
1 posts, read 1,607 times
Reputation: 10

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I sublet a room while another girl sublets the other room of the apartment. Months ago, we got a NOTICE OF EVICTION addressed to the tenant (now living abroad). We wanted our security deposit back but he refused. He eventually settled the case in court.

But we just got another letter addressed to him, indicating that he hasn't paid the rent for two months.

Does this break our contract and allow me to use my security deposit for next month's rent? I'm moving out right after; can't deal with this!
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Old 03-04-2014, 06:35 PM
 
Location: Beautiful Pelham Parkway,The Bronx
8,475 posts, read 20,327,860 times
Reputation: 6343
Quote:
Originally Posted by tmw2014 View Post
I sublet a room while another girl sublets the other room of the apartment. Months ago, we got a NOTICE OF EVICTION addressed to the tenant (now living abroad). We wanted our security deposit back but he refused. He eventually settled the case in court.

But we just got another letter addressed to him, indicating that he hasn't paid the rent for two months.

Does this break our contract and allow me to use my security deposit for next month's rent? I'm moving out right after; can't deal with this!
.Don't give him another dime.
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Old 03-04-2014, 07:32 PM
 
1,060 posts, read 1,649,027 times
Reputation: 575
Quote:
Originally Posted by tmw2014 View Post
I sublet a room while another girl sublets the other room of the apartment. Months ago, we got a NOTICE OF EVICTION addressed to the tenant (now living abroad). We wanted our security deposit back but he refused. He eventually settled the case in court.

But we just got another letter addressed to him, indicating that he hasn't paid the rent for two months.

Does this break our contract and allow me to use my security deposit for next month's rent? I'm moving out right after; can't deal with this!
The question is do you have a contract and with whom ???
Do you have any written document and is this a legal sublet--- ie does the owner/management company know that this is going on. If not then you can do whatever you dam well please. I too would say do not pay him but how do you know he did not pay-- are you opening his mail--- that is a federal offense. I would not do that again.
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Old 03-04-2014, 08:04 PM
 
6,364 posts, read 5,840,961 times
Reputation: 4478
Try to talk to the actual landlord, show the landlord proof you have been paying the tenant on the lease and see if its possible for you to start a new lease.
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Old 03-05-2014, 07:55 AM
 
Location: Brooklyn
570 posts, read 514,294 times
Reputation: 537
You might try what is called a "set off" where you deduct from what you pay "your" landlord, the amount you pay to the primary landlord in order to keep your landlord from defaulting. Your sub-lease may or may not address your right to set off. Ideally both landlords would be on board with this arrangement, especially yours, and it should be in writing and noted that it is an Amendment to your lease. That said, a lot of agreements are made and not memorialized by written agreements. There is a legal term called "statute of frauds" which really has nothing to d with fraud. Basically, "A verbal agreement is legally valid but, in order to be enforceable in a court of law, it must be in writing and signed by the person or persons intended to be bound."

Therein lies the rub.
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Old 03-05-2014, 08:19 AM
 
Location: New York City
8,195 posts, read 6,232,672 times
Reputation: 5954
Quote:
Originally Posted by tmw2014 View Post
I sublet a room while another girl sublets the other room of the apartment. Months ago, we got a NOTICE OF EVICTION addressed to the tenant (now living abroad). We wanted our security deposit back but he refused. He eventually settled the case in court.

But we just got another letter addressed to him, indicating that he hasn't paid the rent for two months.

Does this break our contract and allow me to use my security deposit for next month's rent? I'm moving out right after; can't deal with this!
Not only should you not pay, but get as many free months of rent as you can until the marshall shows up
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Old 03-05-2014, 11:38 AM
 
20,611 posts, read 13,622,677 times
Reputation: 14253
What you can do if you are game to keep the apartment is send the rent directly to the landlord. If the checks/payments are cashed for IIRC three months (you have to look up the exact number) you become the new "tenant".
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Old 03-05-2014, 11:45 AM
 
9,195 posts, read 9,175,190 times
Reputation: 11582
This is totally contrary to what I'd usually say, but in this case I agree with Bluedog2 and not pay him anything further. It would be nice if you tried to negotiate with the landlord to stay on. The resulting direct rent might even be less.
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Old 03-07-2014, 06:28 AM
 
Location: Manhattan
21,419 posts, read 28,240,716 times
Reputation: 9702
Stop paying, and stay as long as you are able.
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