Legal Question in Business Law in New York

Contracts

Almost 4 years ago I signed a lease on a rental home in AZ. I broke up with my boyfriend and never moved in to the home. Now almost 4 years later he is trying to sue me here in New York for 10 months of back rent. Can he do that? Thank you.


Asked on 1/03/08, 2:12 pm

3 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Contracts

A lease is something like a deed in that it transfers an interest in real property (a lease is generally the conveyance of a right to occupy land for a period of time; a deed is usually -- usually -- a conveyance of a right to occupy land that is good forever). Of course, such a transfer is done for compensation (rent).

If you signed a lease, you probably agreed to pay the landlord a particular rent. Whether you later chose to occupy the premises or not is immaterial to that transaction, and to Landlord. That's Landlord's position, and a powerful position it is.

Boyfriend, on the other hand, is a different kettle of fish. Did you and he agree to split the rent somehow?

Who is suing you?

If you need help with this, please call my office.

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Answered on 1/03/08, 8:37 pm
Kristen Browde Browde Law, P.C.

Re: Contracts

Yes. If you need help defending the suit or negotiating a settlement, please feel free to get in touch.

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Answered on 1/03/08, 2:28 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Contracts

If you are referring to the landlord suing you, theoretically it is possible, but of course depends on the statute of limitations, service of process, the lease and many other factors. If you meant that your ex-boyfriend is suing you and both of you are in NYS, that raises a different potential issue and requires more information.

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Answered on 1/03/08, 3:31 pm


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