Tenant-at-wall dispute

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Tenant-at-wall dispute

My girl, her friend, and I found a place in NYC. Only my girl and I signed a year lease. My girl, her friend, and I split the security deposit into thirds. We all agreed to live there for one year. Her friend left early, leaving us to find a new room mate. We were unable to do so and could not afford the rent by ourselves so we broke the lease and moved out early to live in a cheaper place. My girl and I sacrificed our security deposit in doing so. Her friend (ex-room mate) expects his back, saying “not my fault you broke the lease”. He is suing us for his original portion of sec. deposit. !?!

Asked on June 29, 2009 under Real Estate Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

That's outrageous.  And I very much doubt that he gets anywhere.  In fact, you might want to talk to a lawyer about this, because it's possible that you could sue him back, for the loss he caused you.

I'm not a New York lawyer, but I think that if you can prove that you tried to find another person to take over his share of the apartment, he's going to be out of luck, as far as suing you.


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