Legal Question in Real Estate Law in New York

Illegal Sublet of Apartment

While I do not practice in New York, there are some general pricipals of law which may be applicable.

Typically, a tenant remaiins responsible for lease obligatons to the landlord, even in an approved assignment or sublet of the premises. Sometimes, landlords and tenants agree to release the original tenant, but those cases are the exception and obviously didn't happen here.

If you have a written sublease with the subtenant, it may provide that the subtenant is liable to you for any costs resulting from the subtenancy. This requires a review of the sublease, if such a document exists, and you might be able to enforce payment under that agreement. HOWEVER, as a general principal of law, courts will sometimes refuse to enforce an "illegal contract". For instance, a court would not enforce an otherwise valid contract for the sale and transfer of illegal drugs. The fact that the subject matter of your contract is an "illegal sublet" (if that in fact was the case)may bar your ability to recover under that sublease. The lesson here may be one about business dealings between "freinds". These are general pricipals which may or may not apply in New York. If you chose to pursue this, you should consult with an attorney licensed in New York. Good Luck

Money owed by deadbeat subtenant

Some friend. (Actually, this happens all the time). As between you and the landlord, (which Question, you did not ask), you have no recouse. Your lease prohibed sublets and you were in violation of contract for doing same. (Which may be a defense she may raise if you sue her). It sounds like this turns on local NY law. If NY law allows her to use that defense, you may be out of luck. In GA, she could not successfully raise that defense, unless the contract between you and her (Ms. Sublet), referenced it. If you have a written contract with her, which I doubt, its terms will control. Read them carefully. If not, at least in GA, you should be able to successfully sue her for the actual damages she casued you. If your cause of action is barred, it will be barred by a contract defense that you did not contractually have the legal authority to sublet and (legally on motions) she defeats you claim. The research on that issue will require the input of a local NY Landlord/Tenant attorney (or general contract attorney) to tell you whether she has a successful defense to your suit.

Landlord Tenant/Real Estate

I am a Maryland attorney, willing to discuss this issuewith you, but I need to know more before I cangive you a response that would help you in anyway.

Feel free to e-mail me, and I will tell you what moreI will need to know to help you.

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