Legal Question in Real Estate Law in New York

Real Estate Law - Landlord wants money

Hello,

Here's the situation. In 2003, I went to my landlord and asked if I could get out of my lease, and let my roommate sign a new one. The landlord said okay, and we did that. Four years later, the landlord is trying to sue me for ''unpaid rent'' to the amount of about $3,000. Now, even though it is my old roommate who left this landlord in the lurch (she left the apartment two months early), I, regretfully, never got a copy of the paper that I signed which effectively terminated the original lease. This means that the only remaining document is the original lease, and the landlord is using that to put the blame on me (I assume he is doing this because he doesn't care how he gets his money, as long as he gets it.) I feel like I'm being victimized here, by the landlord, my old roommate, and my own lack of foresight in copying that much-needed document. Is there anything I can say or show to the judge? Thank you for any advice you might be able to give.

Chris

P.S. I have copies of checks showing that at the end of 2003 I stopped writing rent checks to my old landlord and began writing them to my new one. Does this help my case. Thanks again.

C


Asked on 10/01/07, 11:48 pm

1 Answer from Attorneys
Glenn Reichelscheimer The Law Offices of Glenn A. Reichelscheimer

Re: Real Estate Law - Landlord wants money

Unfortunately, you have no recourse. THe new checks only strengthen the former landlord's case that you left him prior to the end of your lease term. The only posibility (and most likely a remote one from the tone of your letter) is to find your former roommate and have her own up to the fact that she assumed your lease. Next time make sure you keep copies of everything however unlikely you believe you are to ever need it again!

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Answered on 10/02/07, 1:55 pm


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