Legal Question in Real Estate Law in New York

Re: Advice

What neither respondent asked is HOW did you get notice. Under NY landlord-tenat law, unless you were served personally (the notice of petition to appear in Court handed to you personally) or appeared in court, the landlord-tenant judgment can only award possession, not money. The landlord could sue you seperately for the unpaid rent, including the rent for the balance of the lease anytime up to six years from the last due date (each month is treated as a seperate obligation).

Re: Advice

Unfortunately for you, if your name was on the lease, you are liable for the rent even if you were no longer living in the apartment. Your former friend is also liable but the landlord can look to either of you to collect the money owed. If the landlord tries to collect against you, you can file a claim against your former friend. Since the amount due is under $3,000, you can sue in small claims court.

Re: Advice

As joint tenants, you have joint and several liability for the rent payment. Thus, either tenant can be made responsible for the payment of outstanding rent. You, if you pay all rent due, have a right of contribution from the co-tenant. The oral agreement between you may not be enforceable since the subject matter is real estate (the lease), and you would have responsibility until the lease has ended or has been terminated. Since the amount is under $3,000, you claim for contribution can be heard in Small Claims Court.