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February 23, 2007
FINANCIAL TROUBLE RELATED TO SUBLET APT!
In October I moved into a tiny studio that I found through a broker who worked for building management. I stayed there for 5 months then decided to move into a larger apt with 2 friends. The broker and I agreed that he would take over the lease and pay rent until the lease was up. We never contacted management b/c the rent would be increased and I would be responsible for fees for breaking the lease.
After I moved into my new apt and was settled, I received an email and a letter that rent was not paid. So I contact the broker and told him the situation. He gave me the money order numbers and I called mgmt and rectified the situation. I contacted the landlord and the landlord told me that he still sees the broker and he is still living there.
This month, I received a call from mgmt saying rent is 6 months pass due and I owe them $6400. The last payment they received was August. I was told that my lease was up Oct 31 and they never received a signed lease renewal. I never received mail regarding the overdue rent, never received an email or any calls prior to this one. Eviction is set for March 15th...or something like that...what do i do?
Comments
Did your lease provide for you to legally sublet the apartment without notifying the landlord? If not, you are in big trouble. Hire a lawyer immediately.
Posted by: Anonymous at February 23, 2007 11:22 AM
Get a lawyer. You're bound by that lease and the landlord has the right to recover from YOU!. They could care less about the broker.
Posted by: NewStoner at February 23, 2007 11:27 AM
But she hasnt had a lease since Oct 31?
Also, aren't they required to give official notice of more than 45 days or something before they evict? All she has now is a phone call. This sounds like they are trying to bully her into a quick resolution. What are the laws for evicting someone?
Posted by: Anonymous at February 23, 2007 11:30 AM
Official notice may have ALREADY been mailed to the old address and not forwarded. You are liable for the lease payment to the landlord not the subletter. Seek legal advice. FAST.
Posted by: Anonymous at February 23, 2007 11:36 AM
If nothing is said at the end of the lease it continues as a month to month lease. If you never officially moved out, i.e. gave notice, returned keys, etc. then the lease is still valid but as a month to month. Still liable for the rent.
For them to evict they will need to have gone to court already. I would speak with them, explain the situation and see if you can work something out. I think you're going to have to pay one way or the other but maybe not the full amount. Then it's up to you to get your money from the guy who sublet. You can take him to court as well but it will help if you have some written agreement between the two of you.
Posted by: Anonymous at February 23, 2007 11:38 AM
Was any of your interaction w/ the landlord regarding the sublet in writing?
If so, it may help.
If I'm not mistaken, there's some legal provision that allows for sublets (even if "no sublets" is in the lease) if you express written intent to do so and the landlord does not dispute within something like 30 or 45 days or something.
Look it up in NYC housing code on www.tenant.net
Also, the fact that your lease lapsed may work in your favor.
I'm not a lawyer though, so talk to one ASAP.
Posted by: Anonymous at February 23, 2007 11:39 AM
You can always fake your own death.
Posted by: Brooklyn Zoo at February 23, 2007 12:07 PM
Don't panic. There's two sides to this. You're definitely liable while you have a lease. If you moved out and the owner was still billing you for the rent after the lease is up, that doesn't necessarily mean you're liable. Talk to a lawyer. They should be able to straighen it out. If your subletter lived there and didn't pay the rent, you have some liability but any housing court should look at the resident of the apartment as being liable in some way. Also, if the managing agent knew there was a subletter and still didn't notify you for 6 months of non-payment, then they effed up too.
Posted by: John at February 23, 2007 2:22 PM
the month to month thing is true, but since nothing is in writing it's very hard to prove (which would be the LLs burden they wanted compensation beyond oct 31.)
Posted by: JL at February 23, 2007 2:34 PM
"We never contacted management b/c the rent would be increased and I would be responsible for fees for breaking the lease."
next time dont be so slick. pay your debt and follow up with the broker. He's shady.
Posted by: stone face at February 23, 2007 2:44 PM
Read the lease - check the law - speak to a lawyer.
Generally, the landlord/mgt company can go after you for rent due during the term of the lease. You are most likely responsible for those amounts, and your recourse is to the broker.
Once the lease was up, it became a month to month tenancy. It is questionable whether you are liable for these amounts.
Give them the name of the broker, and make the argument that you are not a party to that arrangement and your contractual obligations ended with the termination of the lease.
Posted by: Anonymous at February 23, 2007 2:56 PM
everyone seems to forget...she rented the place...she was responsible for paying rent. The person she sublet to should have paid her...not the landlord. The landlord has the correct assumption of a month to month, especially since he was not notified. How is the landlord to discern that you were not living there?... its assinine.
You owe the money. Go back to the apt and get the person who is living there out. and sue them.
Posted by: Anonymous at February 23, 2007 7:07 PM
You, my friend, have wandered out waist-deep into a freaking dark and deep swamp and you're sinking fast.
May your sacrifice serve as a lesson to the other stupids who are watching.
Go in peace.
Posted by: Too Late 4 Tears at February 23, 2007 9:03 PM
dude. that was stupid. don't trust any brokers or real estate people. they lie to get your business and then leave you high and dry. You need to get your money from the broker somehow.
Posted by: sp at February 23, 2007 9:35 PM
Why would you hand an apartment you were leasing over to ANYONE without a written agreement AND written consent from the landlord? And WHY would you assume that the rent was being paid while you weren't living there? You never returned the keys and notified the owner that you were surrendering the apartment so the unit was considered a month to month rental after the lease expired. You may have some leeway if the landlord never sent a renewal by certified mail but I would be prepared to pay the 6 grand and learn alittle about contracts before I signed one.
Posted by: Aaron at February 23, 2007 11:05 PM
Come on guys, this is a fake post... no one is that stupid!
Posted by: Anonymous at February 24, 2007 12:02 PM
Me and my housemate moved into and apartment and decided to sublet the room to a another student from our school we got consent from our landlord for this but nothing was written down.
We wrote up a subletting contract with the new housemate which we had bought from staples, on the contract it stated that they was responsible for 1/3 of all bills rent & communial for the apartment. She has now not paid 2 months electricity bills so we have given her a 30 day notice, but she says we have no right to tell her to leave and that she won't come next rent period.
Am i right in thinking that she has made the contract invalid for not abiding by the terms therefore we had the right to give her 30 days. Also on my original lease it states that we need written consent to sublet a room therefore the contract that we wrote up with the new housemate was invalid from the word 'go'. Our landlord has told us that she has no right to that room and it is in our power to ask her to leave and if she does not then the authorities can be called.
Please tell me if i am correct in this matter and if she has anything to use against us.
Posted by: 1988 at March 7, 2007 12:45 AM
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