Legal Question in Real Estate Law in New York

Hi, I need advice on a current tenant situation. I have sublet my apartment and the sublessee has not been paying rent. I was only informed of this today by my building super. Apparently, the city marshall came and removed everything that was left in apartment. The sublessee is ignoring my calls and has been misinforming me - lying that money has been sent but evidently, nothing has been done. Before going through with this, we signed a written contract which states that the sublease is in charge of paying the rent etc. but because my name is still on the lease, all legal action directly impacts me. I have been a tenant at the building for 3 years and have always had a good relationship with the management. I am slightly apprehensive as the lease finishes 3/31 and management are holding a large deposit of mine. What can be done in this case? Do i have rights to sue? Can this be taken to small claims court?

Asked on 3/11/20, 2:39 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

You are responsible to your LL and your sub. is responsible to you. You certainly can sue your tenant on the sublease agreement.

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Answered on 3/11/20, 3:00 pm
Richard Bryan Richard Bryan Attorney PC

You have a real problem here.

This is going to cost you money either way. You need to hire a lawyer and try to save this situation, if possible. Or, you can just walk away.

Good luck.

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Answered on 3/12/20, 7:12 am

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