Legal Question in Civil Rights Law in New York

Roommate owes money

I cosigned a lease Jan. 06. After I paid the downpayments my roommate gave me $2000 & asked me to sign a receipt. It stated that it was for 'first months rent -March($900),last months rent ($900),& a portion of February ($200)� My issues are:

-Her receipt clearly states that she�ld pay rent of $900 per month. However, she claimed this was an inclusive price & refused to pay utilities (her name is also on the electricity bills)

-The lease began Jan. but as she was traveling for the first 5 weeks she refused to pay rent for that time

The lease is now up for renewal and I'm not willing to renew the lease with her. Knowing that I wanted to stay she said she would leave the apt only if I reimbursed her money she had spent on her room (a new doorknob, paint, etc) and for the furniture she had bought for her room.She proposed in an email that she would let me pay her $600 by the end of January (in addition to last months rent)or I could pay her $100 per month for 8 months after she left.

I don�t believe she has any basis for collecting this money but can I sue her for the money she owes me? Also is her offer paramount to extortion & do I have a legal recourse. She has not yet moved out & it's extremely hostile.


Asked on 1/03/07, 10:28 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Roommate owes money

I can't say for sure without actually seeing the documents, but it sounds like between the two of you the only thing in writing is the receipt. There is no sub-lease, or separate agreement as to the portions you would each pay the landlord,

which is why you are having the disagreement in the first place.

She has less chance of succeeding against you, then you do against her.

You have a real defense called

"unclean hands." If she were to try to take you to Court over this, it would be small claims civil court or district depending on the County you are in.

Plus, she was actually paying half of the rent.

Unclean hands is an equitable defense;

since she had to pay these amounts, she can't recover the deposit, or the electric , or for the furniture, any more than she could get it back from the landlord or the utility company directly. She would be claiming a lie.

If she tries to sue definitely assert a counterclaim.

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Answered on 1/03/07, 11:34 pm


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