Problem tenant

[Misi]

What is the name of your state? New York (Brooklyn)

I allowed a tenant ("tenant A"), to move in without a lease in September and he was supposed to find a roommate for October 1. He found a roommate (tenant B), and we all signed a lease. Tenant B's security deposit check then bounced two days before he was supposed to move in. I told tenant B that he was not moving in and he didn't. Tenant A kept a copy of the signed lease.

Tenant A then started looking for another roommate for November 1. Tenant A found another roommate, tenant C. I signed a lease with just tenant C and before tenant A signed it, we got into a dispute over how much rent he owed me for October. I then told tenant C I would like to return her security deposit because I no longer wanted to deal with tenant A and she agreed. She never moved in. Tenant A now says he is living under the lease signed with tenant B.

My questions.

Is the lease signed with tenant A and B valid and does it give tenant A a right to tenancy?

If the lease is operative, does tenant A owe the full rent as specified in the lease. It's a standard Blumberg lease. There is nothing that says either tenant will be responsible for a specific share of the rent but there is a rider saying Tenant B was a larger security deposit.

The rider also said the only people who could occupy the apartment were Tenant A and B. Can Tenant A now allow a new roommate to move in?

thanks,
Misi

 

[HomeGuru]

What is the name of your state? New York (Brooklyn)

I allowed a tenant ("tenant A"), to move in without a lease in September and he was supposed to find a roommate for October 1. He found a roommate (tenant B), and we all signed a lease. Tenant B's security deposit check then bounced two days before he was supposed to move in. I told tenant B that he was not moving in and he didn't. Tenant A kept a copy of the signed lease.

Tenant A then started looking for another roommate for November 1. Tenant A found another roommate, tenant C. I signed a lease with just tenant C and before tenant A signed it, we got into a dispute over how much rent he owed me for October. I then told tenant C I would like to return her security deposit because I no longer wanted to deal with tenant A and she agreed. She never moved in. Tenant A now says he is living under the lease signed with tenant B.

My questions.

Is the lease signed with tenant A and B valid and does it give tenant A a right to tenancy?

**A: yes.
**************
If the lease is operative, does tenant A owe the full rent as specified in the lease. It's a standard Blumberg lease. There is nothing that says either tenant will be responsible for a specific share of the rent but there is a rider saying Tenant B was a larger security deposit.

The rider also said the only people who could occupy the apartment were Tenant A and B. Can Tenant A now allow a new roommate to move in?

thanks,
Misi

**A: find yourself a good rental management company.

 

[Misi]

Problem Tenant

Hi,

Thanks for answering the first question about whether the lease is still valid. What about the second question? Is tenant A responsible for paying the entire rent?

thanks again,
Misi

 

[longneck]

does your lease have a "joint and severally liable" clause?

 

[Misi]

Problem Tenant Follow Up

I'm trying to find out whether Tenant A (from the previous post) is legally responsible for the entire rent. There is no "joint and severally" liable clause in the lease. The lease has nothing that speaks to that question.

thanks again,
Misi