What to do if my subtenant is suing me for his security deposit but there is no signed agreement and he has no proof that the money should be returned?

UPDATED: Oct 20, 2011

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What to do if my subtenant is suing me for his security deposit but there is no signed agreement and he has no proof that the money should be returned?

My roommate and I ended on very bad terms. He was subletting from me. My name is the only name that was on the lease. He is not trustworthy and has continually manipulated me and lied to me. He is also suing me for the last months rent, which he said he paid twice. Again, there is no documentation of this. The only evidence that he has is the bank statements of the money transfers into my account. Does he have a case against me ? or would it be thrown out due to lack of paper work. Again, there was no contract

Asked on October 20, 2011 under Real Estate Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Okay well it seems to me that you are really trying to avoid a legal obligation here and that you want confirmation, so to speak, from an attorney that you can indeed avoid it.  It would be unethical for an attorney to advise you down that path.  You see,you have not admitted out right that he did not pay twice, is not entitled to his security deposit or that a tenancy did not really exist here at all.  Whether or not this verbal contract violates the statute of frauds will remain to be seen but I think that he has a right to sue you and that he indeed will.  And frankly your feelings about him as a person really have nothing to do with the legalities of this at all. 

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