NYC Sublet Problem - need advice!
Two friends and I signed a one-year lease on a Manhattan apartment in March 2008. One roommate couldn't find work and ended up moving out of state. The other roommate eventually lose their job and vacated the apartment as well.
I held three open houses to sublet the empty bedrooms in my apartment. I made very clear the type of person I wanted for the apartment, and that the sublet was until the end of my lease. I took security for the rooms in the amount of one month rent each, and said there were 2 ways the subletter could lose the security: 1) if they moved out prior to the end of my lease and 2) if they went crazy and tried to kill me. These terms were under a verbal agreement rather than in a written contract.
My landlord became aware of the sublet in November 2008 and was ok with it, but the subletters never signed onto the lease.
By March 5, 2009, both subletters will have vacated the apartment early.
Subletter 1 vacated January 31 with no notice, under false pretenses from an e-mail I sent a day prior approving an early evacuation. In this e-mail, I was under the impression that February rent (due Jan 31) was being paid and the subletter could move out any time between February and March. At this point I was unaware of her intention to leave. When I found out this subletter was leaving Jan 31 without paying rent, I used her security deposit to pay her expected portion.
Subletter 2 will be vacating the first week of March to move into another apartment.
Both subletters want their security deposits back, which I have since used to pay the rent I expected them to pay. They are not acknowledging the terms of my sublet.
I would very much appreciate some legal advice regarding my postion. I cannot afford to return their security deposits and make my rent, which they were expected to pay as subletters until the end of the lease. What are my chances in small claims court, should they serve me?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Two friends and I signed a one-year lease on a Manhattan apartment in March 2008. One roommate couldn't find work and ended up moving out of state. The other roommate eventually lose their job and vacated the apartment as well.
I held three open houses to sublet the empty bedrooms in my apartment. I made very clear the type of person I wanted for the apartment, and that the sublet was until the end of my lease. I took security for the rooms in the amount of one month rent each, and said there were 2 ways the subletter could lose the security: 1) if they moved out prior to the end of my lease and 2) if they went crazy and tried to kill me. These terms were under a verbal agreement rather than in a written contract.
My landlord became aware of the sublet in November 2008 and was ok with it, but the subletters never signed onto the lease.
By March 5, 2009, both subletters will have vacated the apartment early.
Subletter 1 vacated January 31 with no notice, under false pretenses from an e-mail I sent a day prior approving an early evacuation. In this e-mail, I was under the impression that February rent (due Jan 31) was being paid and the subletter could move out any time between February and March. At this point I was unaware of her intention to leave. When I found out this subletter was leaving Jan 31 without paying rent, I used her security deposit to pay her expected portion.
Subletter 2 will be vacating the first week of March to move into another apartment.
Both subletters want their security deposits back, which I have since used to pay the rent I expected them to pay. They are not acknowledging the terms of my sublet.
I would very much appreciate some legal advice regarding my postion. I cannot afford to return their security deposits and make my rent, which they were expected to pay as subletters until the end of the lease. What are my chances in small claims court, should they serve me?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
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