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I have a 3 bedroom apartment in NYC, and me and another person live in two of the bedroom and are on the lease. We went to craigslist and found a 3rd roommate to fill the third bedroom. We split the rent based on room size. The third roommate was not added to the formal lease and just paid us directly every month.
We had a verbal agreement for a 12 month lease which he disputes as being a 6month lease despite having lived here for 7 months. He also responded to an ad requesting a 12 month lease. So I think we are in the clear here.
He said in early January that he may be moving out at the end of the month but never confirmed it. I have a text message from January 19th which says that he hasn't yet found a place or a replacement for himself. After that there was no communication until I finally asked him on January 28th what his plan was and he still said he was probably moving out, and hadn't signed a lease yet. It wasn't until the 30th that we knew for sure that he was moving at the end of the month, and are therefore on the hook for two things. There was also the assumption that he would find his own replacement to continue his portion of the lease from the text.
1. The month of February's rent
2. the fact that we will likely have to rent the room at a lower rate since it's offseason vs the summer.
He also rarely paid on time, and we had to use a security deposit to pay for his January rent. When he split the utilities with us, I believe he did it in bad faith, as he called the service (Venmo-- a cash transfer website) to reverse the payment less than 24 hours after making it.
It's not technically a sublease since both me and the other guy on the lease both live in the apartment.
Are we correct in assuming that we can go to small claims to sue him for potential lost rent from February, and the difference between what we have to rent the room out for multiplied by 5 for the months he had left. Its not a trivial amount (1700- (potential 1500 rental))*5 = 1000$ plus a potential $1700 loss for the month of February.
On top of this he threatened to throw a bowling ball through a door and made several verbal threats of abuse to my girlfriend when we finally confronted him about needing to compensate us.
We are making a best efforts to minimize the loss from the broken contract, but think we are in the right in being able to sue for the difference. Are we correct?
You can basically sue anyone for anything if you really think it is worth the effort.
PS ~~ Unless you have something in writing signed by all of you, you do NOT have a contract, what you have is "he said/she said" with no proof or documentation.
I'm in NYC and would him not being on the lease be a hindrance to me collecting?
I have no idea, I am not the court system, go and read the link I posted for you and make a decision as to what you want to do after that.
Hire an attorney who is experienced in this type of issue, you cannot get legal advice here and no one here would know what decision any judge would possibly make in regards to this issue.
I have a 3 bedroom apartment in NYC, and me and another person live in two of the bedroom and are on the lease. We went to craigslist and found a 3rd roommate to fill the third bedroom. We split the rent based on room size. The third roommate was not added to the formal lease and just paid us directly every month.
We had a verbal agreement for a 12 month lease which he disputes as being a 6month lease despite having lived here for 7 months. He also responded to an ad requesting a 12 month lease. So I think we are in the clear here.
He said in early January that he may be moving out at the end of the month but never confirmed it. I have a text message from January 19th which says that he hasn't yet found a place or a replacement for himself. After that there was no communication until I finally asked him on January 28th what his plan was and he still said he was probably moving out, and hadn't signed a lease yet. It wasn't until the 30th that we knew for sure that he was moving at the end of the month, and are therefore on the hook for two things. There was also the assumption that he would find his own replacement to continue his portion of the lease from the text.
1. The month of February's rent
2. the fact that we will likely have to rent the room at a lower rate since it's offseason vs the summer.
He also rarely paid on time, and we had to use a security deposit to pay for his January rent. When he split the utilities with us, I believe he did it in bad faith, as he called the service (Venmo-- a cash transfer website) to reverse the payment less than 24 hours after making it.
It's not technically a sublease since both me and the other guy on the lease both live in the apartment.
Are we correct in assuming that we can go to small claims to sue him for potential lost rent from February, and the difference between what we have to rent the room out for multiplied by 5 for the months he had left. Its not a trivial amount (1700- (potential 1500 rental))*5 = 1000$ plus a potential $1700 loss for the month of February.
On top of this he threatened to throw a bowling ball through a door and made several verbal threats of abuse to my girlfriend when we finally confronted him about needing to compensate us.
We are making a best efforts to minimize the loss from the broken contract, but think we are in the right in being able to sue for the difference. Are we correct?
YoU're out of luck. He's not on the main lease (and even if he were he would be accountable to your landlord, not to you) and you have no written lease with him as a subtenant so he is therefore a month to month tenant. So the answer to your question is no and if you file a suit you won't prevail. Move on!
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