Legal Question in Real Estate Law in New York

Need help

I am a guarantour to a one year lease in which i am into the 4th month, I share the house with 4 other people. I am on a 15 month visa (i'm a UK resident) as are the other 4 people i share with. We are on an internship for 12 months, we all live and work together.

After being on the receiving end of bullying behaviour (which resulted in the loss of 19lbs of weight in 3 months and becoming depressed) for 3 months i moved out of the house and am now renting elsewhere.

The other four tennants have specified to the landlord and myself they are unwilling to pay my share of the rent. They requested the landlord change the locks on the doors so that i cannot gain access, which he has done. They said i was a threat to their safety but I am not a danger to them at all.

I have paid the rent for the 4th month (1st - 31st October) but i moved out on the 1st of october.

I have indicated to the landlord that I am unwilling to pay rent for a house that I cannot gain access to (I told him this after he had changed the locks) and he has said that he will take all five tennants to court to receive the rent money.

Do i have to pay rent for a house that i cannot gain access to or am I liable to pay the rent?


Asked on 10/13/03, 1:20 pm

1 Answer from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Need help

It depends on the terms of the agreement, but you may well be on the hook. Typically, individual tenants and guarantors are individually and severally liable, which means that the landlord can go after all, or any one, for the entire amount. Your personal liability as a tenant is distinct from that as guarantor. You should consult with a qualified attorney as soon as possible. Feel free to call me at 212-367-9167.

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Answered on 10/13/03, 1:58 pm


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