Legal Question in Landlord & Tenant Law in New York
Suing for rents owed on a vacated apartment
I vacated an apartment a year ago (at landlord's request). I left owing 2000. I had made an agreement, made 3 payments, then stopped. the landlord is now suing for 4000 in small claims court. is this legally allowed? can he sue me even after i left at his request? i was recently advised that a landlord can no longer collect on rents owed on a vacated apartment, unless there was a court order issued. is this correct? please advise.
2 Answers from Attorneys
Re: Suing for rents owed on a vacated apartment
Not exactly correct. He cannot collect rent on a vacted apartment, but if you made an agreement to pay outstanding rent owed, and you defaulted on the agreement (failed to make the payments) he can see you for breach of the agreement. He can include any direct damages as a result fo the breach including payment for legal fees and costs. Though double the amount sounds high, if you have failed to live up to the agreement you are probably liable for your failure.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Suing for rents owed on a vacated apartment
This is an interesting case. The landlord may be using a legal theory other than landlord/tenant law.
The Landlord could collect under the lease agreement only if you damaged the apartment or created a nuisance that justified him asking you to leave.
This case is probably about 'contract law'. That means that he is suing under the agreement where you promised to pay him money. The $4,000 rather than the actual agreed amount, $2,000, is sued on the basis of 'General Business law section 311 (I think!)
But this law applies to a private person suing a business, so this landlord should be out of luck on that attempt to maximize his money.
In addition, small claims won't give him more than 3,000 no matter what. It is the 'jurisdictional limit'.
You may need someone with you at court to make sure the arbitrator is aware of these issues (I once had to explain it to the judge). Once a decision is made by the arbitrator, then that is the end. Mistakes are made.
I would charge $250 for a small claims case of this nature. You may also meet with me for $50 to fine-tune your defense.
You are welcome to a consultation at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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