Bad roommate

[QueenieMartini]

Brooklyn, NY

It all started 7 months ago when one of my 2 roommate left the lease (.com layoff) leaving me and my roommate (we can call him Mr. X.) to pay her part of the rent.

The legal problem started 2 weeks ago when Mr.X decided to leave because he could no long afford to live in our apt.

He replaced himself with another person (call him Mr. Y) He asked Mr. Y to pay him the first and last months rent. Only a week ago he decided that he was going to keep the last mo. rent for himself because ever since our 3rd roommate moved out 7 mo. ago we have both had to pay her part of the rent and he thinks that taking the subletters last mo. rent as backpay for all the rent he had to pay for our 3rd roomate leaving is ok. But, this leaves me and Mr Y. short for the rent.

Problems are that Mr. X never made a sublet agreement so Mr. Y never signed anything....only the check. I have many emails between Mr. X and I where which show that he had taken the money with the intent of giving it to the landlord but, at some point changed his mind.

Really troubled...is there anything I can do legally?
Any advice would be appreciated...Thanks

 

[JETX]

In reviewing your post, it appears that there may be a number of possible legal actions you might consider, including actions against Mr. 'X', Mr./Ms. "A" (the first to move out), and possibly even against Mr. "Y".

However, you need to tell us what you are wanting to do, before anyone can advise you what actions you might consider.

 

[QueenieMartini]

What do I want to do?

Well, my goal in this matter is that I don't end up paying more than 1/2 the rent. When Mr. X found the subletter it was agreed that this person would be paying, I thought, 1/2 of the rent for the 2 remaining mo. that we still had to pay which we would divide over 3 months since we had already paid for the last mo. But, by Mr. X taking 1/3rd of the subletters money that leaves me to pay the gap.

Basically I just want what is owed to me from Mr. X. I don't hold Ms. A or Mr. Y responsable.

 

[JETX]

Then, based on your post, assuming that there are no contradictory agreements (either in the lease or agreements with Mr. "X"), I recommend that you contact your local Small Claims court and file an action against him. After all, his breach of the lease (after accepting leave of RM#3) is what has caused your 'damages' (difference in 'agreed' rent v. actual rent paid). Additionally, his unilateral decision to 'self help' of the 1st and last month subrenters money as an 'offset' for his losses is also actionable.

 

[QueenieMartini]

Yes, this is very complicated.

When our 3rd roommate left she wrote to our landlord and had her name taken off the lease. However because she felt so guilty about leaving she contiuned to pay a portion of the rent.

What Mr. X doesn't realize is that he is responsible for half the rent even though our 3rd roommate would help out.

So, basically my question are.

1) By writing our landlord a note to have her name taken off the lease does this mean that she is no longer responsible for 1/3 the rent. Leaving Mr X. and I to take on the lease.

2) Mr X asked for an amount over the amount that he was responsible for in our lease and pocketed the last months rent thus having the intent to pay less than he is responsible for. Is it illegal to charge over what you are responsible for and pocket the rest?

3) Can Mr X have his name taken off the lease with out my permission?