Subtenant don't pay deposit

[Ljfl]

What is the name of your state (only U.S. law)? New York

I sublet my apt this summer and I signed a contract with the subtenant. The contract states that he should give me deposit within first month. However, I never received it though I contacted the subtenant several times. I'm wondering if there's anything that I can do.

 

[STEPHAN]

Next time don't let anyone move in before you have the deposit and the first rent.

 

[Ljfl]

Next time don't let anyone move in before you have the deposit and the first rent.

Indeed, lesson learnt. We do have a late fee in the contract. But he is not willing to pay the deposit and he's not answering phone calls nor replying my emails.

 

[STEPHAN]

Indeed, lesson learnt. We do have a late fee in the contract. But he is not willing to pay the deposit and he's not answering phone calls nor replying my emails.

Oh, one more thing: When I ever (very seldom) make a deal where someone pays his first payment a little later, I always have him pay the deposit in full and give him a few days for the rent. I found that it is very hard (if not impossible) to sue for the deposit, but easy to sue for the rent.

 

[Ljfl]

Oh, one more thing: When I ever (very seldom) make a deal where someone pays his first payment a little later, I always have him pay the deposit in full and give him a few days for the rent. I found that it is very hard (if not impossible) to sue for the deposit, but easy to sue for the rent.

Thank you for the advice! Is it possible to sue for the late fee?

 

[STEPHAN]

Thank you for the advice! Is it possible to sue for the late fee?

At least no easy. But what we do:

Landlord may first apply payment(s) towards any outstanding balances due, such as, but not limited to late fees, delinquencies, prior balances, maintenance and/or damage charges, additional Rent and lockout fees before the current Rent is credited.

 

[Ljfl]

At least no easy. But what we do:

Does that mean if the late fee is $50 this month and then I received $100 for next month's rent, I can first deduct the late fee and claim that only $50 is for rent?

 

[Zigner]

Does that mean if the late fee is $50 this month and then I received $100 for next month's rent, I can first deduct the late fee and claim that only $50 is for rent?

Only if it's in your written agreement

 

[Ljfl]

Only if it's in your written agreement

Do I have a right to charge late fee? I heard that security deposit is still the subtenant'is property.

 

[STEPHAN]

Do I have a right to charge late fee? I heard that security deposit is still the subtenant'is property.

Look at your contract. It should tell you.

 

[Ljfl]

Look at your contract. It should tell you.

I looked into my master lease and could not find anything about the deposit being the LL's or mine property.

 

[STEPHAN]

Your lease with the subtenant.

Oh, you want late fees for the late deposit? If it is not in the lease, you can not charge for it.

 

[Ljfl]

Your lease with the subtenant.

Oh, you want late fees for the late deposit? If it is not in the lease, you can not charge for it.

It is in the lease. But someone told me that since the deposit is still my subtenant's property, I cannot charge late fee for receiving it late.

 

[OK-LL]

Example, the tenant moved in on July 1. The first funds you received were for July rent, with a delayed plan for the deposit payment. The next funds you receive on August 1 should be credited to the deposit payment, making the August rent unpaid. You should be demanding the August rent plus the late fee (if your lease includes a late fee). Then you should be serving the pay/quit IAW your state law and proceeding to eviction if unpaid within the p/q period.