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I found an apartment thru a broker Nov 2016. Its a coop the…

Customer Question
I found an apartment...

I found an apartment thru a broker Nov 2016. Its a coop the brokers cousin owns. Since my credit is poor, she said the only thing she could find for me is her cousin's Co-op which she is looking to sublet. She said that the board requires approval but that I can say I am her cousin if ever asked and I pay no rent and stay as a guest. But I had to sign a lease and the rent to the landlord was 1300 per month. Another Co-op owner complained about my cats smell. The landlady came in and sore I was a hoarder. Floors covered and garbage, food, litter boxes, mail Etc. I was extremely embarrassed and asked for 30 days to move. The 30 days is up now and she told me she will be keeping the full $1,300 security deposit. I am also disabled and cannot clean up the mountains of garbage left all over the apartment. I did not pay December's rent and she never asked for it. My lease was up December 1. And I was given the 30 days I asked for. She never asked for December rent but just said that she was definitely keeping the security deposit after viewing the apartment condition. She also asked that I replace her carpeting all over at my expense on top of the 1300 security deposit and that she would forward me the bill for it. Out of the $1,300 security deposit, can it be used for cleaning and clutter and debris garbage removal for hoarding situation? Or is she going to take me to court to somehow get more money out of me? Please help I'm disabled and just can't do it

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Brooklyn New York

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. Since I am technically an illegal subletter, I'd like to know if it is likely that this Co-op owner will take me to court knowing that these details about her illegal subletting to me will be shared.

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 7 minutes by:
1/1/2018
Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,784
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Unfortunately, if the cost of cleaning the apartment is more than the $1300, she can actually sue you in court for the additional costs. If you failed to pay rent as agreed in the written lease, she can sue you for that money as well.

Of course, if you do not have any money or property, her suing you is useless because you are legally what they call "judgment proof" meaning they have nothing to collect from you.

Under the law you are not an illegal subletter, only under the co-op's rules, so that does not give you the leverage that being a illegal subletter under the law would give you. So, the owner could still take you to court and just take the chance of dealing with the co-op board and paying their fines if they complain about the sublease, but they already know you are there so that is likely going to happen anyhow.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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