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I took over a business associate lease with her landlord not…

Customer Question
I took over a...

I took over a business associate lease with her landlord not knowing she owed 6 months back rent 6 months electricity. I gave her $3500 for rent and servurity she only paid the landlord $2500.She also added $400 dollars on the rent for her benefit. The next few the extra money goes to her back rent and after that’s paid she will be pocketing the money. So my question is how do I get out this sublease agreement with the full security deposit.

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

New york

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

She was supposed to fix the electric outlet didn’t so I paid to have someone come in fix it

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

She still has paid the remaining balance of the electric bills it’s been months now and balance is on final notice. The agreement was I pay the months I occupy the space and she pays wat she owe before my first bill is due and that was months ago

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 4 minutes by:
5/25/2018
Lawyer: DamienJD, Attorney replied 2 months ago
DamienJD
DamienJD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5,451
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

A couple of questions: Did the landlord approve the sublease? Did you ever speak to the landlord or put your name on the lease with the landlord? It sounds like you gave a security deposit. Did you give it to the landlord or to the tenant?

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Customer reply replied 2 months ago
the master landlord approve the sublease. I gave the old tenant who gave the money to the landlord but she only gave him $2500 and pocket the $1000. I deal with the landlord directly with the rent but he told rent is $1000 a month not $1400 so I don’t know wat to do for that part
Lawyer: DamienJD, Attorney replied 2 months ago

If you are only subleasing and this was not a rental assignment, technically, the other tenant remains responsible for paying rent. So, if you did not pay rent, the landlord could still go after the tenant. If you believe that the tenant defrauded your or converted your deposit, you could have a small claim against the tenant. If you feel you were defrauded to enter the lease, then you could claim it is null and void. However, know that the landlord may still want to bring a claim if the landlord does not agree with you leaving. Your defense would be the fraud. It get complicated.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Lawyer: DamienJD, Attorney replied 2 months ago

Hello again:

I hope I provided good service to you. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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