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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am living in an app hoboken and my roommate moved out and

Customer Question

I am living in an app hoboken and my roommate moved out and vacated and I am una ble to afford the total rent. my landlord is not allowing me to bring in another co tenant although i found a liable replacement and i am in between jobs and unable to get out. he has been threatening and harassing me and i dont know what to do. I need to focus on getting a job, and I dont know how i'm going to do that and move and I am in a position where I can't find housing.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. I am a licensed New Jersey professional and will do my best to assist you with your concerns. Did the landlord formally release the other tenant from the lease, or you do not know? Ideally, what do you wish to accomplish?
Customer: replied 2 years ago.
do you work on tenant lawyer issues?Yes he did and he would release me as well but I have no way to leave.I am in the middle of trying to find work and i found a tenant to replace my roommate. I want to see if i can stay here with a replacement
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, I do work on such issues regularly. However I do not communicate via phone--I can assist you via Skype if you wish, but please be aware that doing so will not create an attorney client relationship. Please advise.
Customer: replied 2 years ago.
he is not allowing me that option but i dont see how I can go on job interviews and get a job while at the same time back and move and I am under so much pressure and he has been harassing me saying things like he is going to lock me out. my roommate has made it difficult for me as well by for example leaving and taking the wifi equipment with her so i am not able to access the network to prepare for my interviews. I am not going to be able to afford to pay the total rent myself and I'm not going to be able to afford to pay movers either.
Customer: replied 2 years ago.
i do not have a web cam. why won't you speak on the phone?
Customer: replied 2 years ago.
i found another tenant who is qualified who is prepared to bring in a deposit next week and move in on the first but he is not allowing it
Customer: replied 2 years ago.
because he wants to increase the rent.
Customer: replied 2 years ago.
i would like to request to amend the lease to allow me to sublet. Is that possible? that is what i wish to accomplish
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, I do not communicate via phone as I do not wish to create an inference of representation. While I can assist, I do not wish for you to consider me counsel as that is not the service that we provide here. As far as your demands, are both you and roommate on lease? Is there any language in it barring 'assignment'?
Customer: replied 2 years ago.
I don't understand how you are supposed to help me.
Expert:  Dimitry K., Esq. replied 2 years ago.
I help by explaining the law. I can explain what options you have, and what the landlord can and cannot do. So if the landlord attempts actions that violate, you can take action yourself, such as via the courts, and pursue recourse. Or I can explain where the landlord is correct, even if unfavorable, so that you know what you can fight and what you cannot.
Customer: replied 2 years ago.
Yes we are both on the lease and there is a clause which says there is no subletting or assigning. Can't that be amended?
Customer: replied 2 years ago.
he has also made alot of harassing statements toward me. calling me names etc.
Customer: replied 2 years ago.
it would be alot easier to talk on th ephone.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, It can only be amended by both parties, meaning that the landlord has to consent. There are only 5 ways under which to beat or modify the lease: 1. With landlord consent, as the landlord can agree to waive terms or release you, sometimes for a fee and sometimes not.2. With landlord consent as far as subletting, since the landlord can agree to it but has no legal duty to do so if the agreement states that no subletting is permitted.3. Clause within the lease agreement permitting certain action.4. Military redeployment with formal order (which does not apply here) AND5. Court order, specifically if the landlord is somehow at fault and the courts agree to release and terminate the lease. Name calling is generally not actionable but you can ask him to stop and if he fails, to file suit for harassment (I do not see this as rising to the level of a restraining order). Sincerely, ***** *****
Customer: replied 2 years ago.
What if its harassing and stalking to the point where it interferes with my career and I loose my job? How can I request that he waives the sublet terms?
Customer: replied 2 years ago.
Clause within the lease agreement permitting certain action what do you mean by this? well the lease says that he has to have prior written approval before anyone occupies the premise.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi,Those are two separate issues. If he is harassing you at work then you can send him a cease and desist letter and then pursue potential charges with the police. But as far as waiver, you need to communicate with him directly--you cannot make him waive, but can request in writing by pointing out, for example, that in this way he is able to receive rents and not pursue you for past payments if you end up breaching. By 'clause within a lease' I mean that if the lease states that subletting is permitted...and yours does not have such language. Sincerely, ***** *****
Customer: replied 2 years ago.
Elizabeth requested to be released from the agreement. With your consent, I would like to request that you agree to waive the terms not allowing me to sublet to bring in another tenant (perhaps for an additional fee) in order to accommodate for the loss due to Elizabeth's vacancy. In this way, you are able to receive rents and not pursue me for past payments if I end up breaching the lease agreement.
Expert:  Dimitry K., Esq. replied 2 years ago.
That sounds fine, and is reasonable. Plus it shows that you are attempting to resolve this as an adult. So if he attempts to later claim you were in violation, you have a defense via the courts by showing that the other party, the landlord, failed to 'mitigate damages' as that is something that he is lawfully required to do. Hope that helps! As an FYI, I am going to be logging off for a bit so there will be a delay with my response. Should you have more questions I will reply to them when I log back online. Otherwise kindly do not forget to positively rate so that I can obtain credit for my work. Thank you! Sincerely, ***** *****