Legal Question in Real Estate Law in New York
left rental lease, moved out of state
Basically, I moved from Texas to New York to live with my girlfriend. Two months into our Year lease, we broke up and I left her, moving back to Texas.
I told her that I was willing to take the bad credit that comes with lease breakage, or that I was willing to try and settle something with the property owner/manager. Either way, I left the lease and moved to Texas.
She recently has been threatening to sue me, based on my lack of payment to her. I make under the poverty level in employment/salary, and it's literally impossible for me to pay two rents right now, and I haven't been. Can I get sued?
I don't know the best method to take with the entire situation, and I wondered what legally could happen if she sued me, or even worse, can I go to jail?
Thank you in advance for your time.
2 Answers from Attorneys
Re: left rental lease, moved out of state
Based on what you have stated, you are liable for one-half of the rent. I don't see criminal activity, based on what you said, but I'm not a criminal attorney.
As for your own conduct, I suggest that you do what it takes to live up to your legal obligation and fork over as much as possible in rent to your former girlfriend.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is intended for informational purposes and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.
Re: left rental lease, moved out of state
This is a civil legal matter. I can't imagine how you would be criminally charged with anything. If your girlfriend sues she will probably do so in New York. You may not be able to afford to defend, you may not have a defense, and you will have a default judgement entered against you. In order to collect on the judgment it will have to be docketed in Texas. But even if that is done can it be collected. In Texas you are entitled to several exemptions from judgment. $30,000 worth of personal property which includes the equity in your car. Unlimited equity in your homestead. Your wages cannot be garnished. so althought the judgment may mess up your credit a bit, it may never be collected on. It is not worth filing for bankruptcy for $2000. You could get rid of the debt in bankruptcy but it is just too small an amount to warrant a bankruptcy. Larry Maun 713.266.2560
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