Legal Question in Civil Litigation in New York
Who owes money
I dated a guy and he wanted to get cell phones, I didnt feel comfortable with the situation so I told him to put them in his name. We then broke up a month after we got the cell phones. We then remained civil (3+ year relationship and we lived together). He subleased my appartment from me this summer, which I did not approve of he literaly broke down the door and moved in. The subleasers failed to make rent payments, and wrecked the appartment, causing the loss of the security deposit plus additional damages. They refused to pay this. While he refused to pay rent when the rent was due, i in return refused to pay the cell phone bill, he never paid the rent i never paid the cell phone, this was for about two months. I then got my own cell phone and told him, about a month later he shut the phone line off, he called me telling me he was going to summons me for court for the cell phone, I never signed anything in agreement to his terms or any terms. Can he get me to pay these charges? Should I then sue him for the damages he did to my appartment (approx 1500.00)? Any help would be great, thank you.
2 Answers from Attorneys
Re: Who owes money
The real uphot is this ...who ever signed the docs is liable. You are liable on the lease. He may be liabke to you, not to the landlord.
He seems tobe liable on the cell...you may be to him.
RRG
Re: Who owes money
The language of obligations is obligor/obligee-
lessor(landlord)/lessee(tenant).
If I understand your question, this guy you dated contracted with a cell phone company for service, signed a contract and made you a gift of an extra phone and allowed you usage of the account without the requirement to reimburse him for the monthly charges. Then when you broke up you bought your own cell phone, (with the same company???) tried to use the account but he terminated the account. Unless I am missing something here you should not be responsible for his cell phone contract unless you signed the agreement also.
The other part of your question involving the sublease is not clear. I understand it as follows; after you broke up, but while you were on speaking terms, you were living in the same apartment. (Or at the very least, he was living in your apartment while you were elsewhere).
You say he subleased the apartment and by this I assume a third party was living in the apartment.
The third party caused damage to the apartment and defaulted on rent payments.
Now the ex boyfriend is also refusing to make good on the damages caused by the sub-lessees etc.
If I have that right, it depends whether everything was in writing; whether it is a co-op, condo or regular apartment.
Assuming it is a regular apartment, and his signature is on the lease as a sublesse or co-lessee, then your landlord can recover from him.
If you let him live there and you have the terms in writing, again you should be able to recover damages.
The rest is too speculative. Generally though, to succeed in a small claims or landlord/tenant claim you must be able to show that the party to be charged with the damages, is responsible, whether through lease, contract or sublease. prove
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