Legal Question in Real Estate Law in New York
rommate and my rent check: am I liable?
In August, I gave my roomate a $2,100 check to give to the landlord. This check was not made out to her, but to the landlord himself, in the form of ''x realty''. This represents my share of the rent for 6 months, at $350 a month.
Breakdown:
roomate w. master bedroom share: 450
other roomate share: 350
my share: 350
my check: good for August-January
She did, the check cleared, and I thought everything was fine.
My roomate, however, lied and told the landlord the check was for all of us, (even though it says ''[my name], rent'' in the memo) and has been spending my roomates' rent as he gives it to her, paying the rest of the rent with a check from her college. She is leaving the apartment on November 1st, but made no provision for the next three months of my share of rent. The landlord still has a $586 deposit from her.
My question: do I have to take her to small claims court for my remaining three months' rent, or is this between her and the landlord since I made out my check and paid my share in full directly to his company?
2 Answers from Attorneys
Re: rommate and my rent check: am I liable?
Unfortunately, as a tenant, this is not just between your roomate and the landlord. Notwithstanding what she did, all tenants will remain liable for the unpaid rent.
You can take her to small claims court to recoup your money but I would suggest that you try to get your other roomates to appear as witnesses to the fact that all of you paid rent separately and that your check did not represent a payment from all roomates.
Re: rommate and my rent check: am I liable?
I agree with Leslie, but have some additional comments. The monthly rent is not $2,100, so how did the landlord apply your check, when there were excess funds involved? You do not say who is on the lease, all of you or just your roommate? Is the lease written or oral, and when does it terminate? If the term extends beyond the date the roommate is leaving, what provision is made for her contribution to the balance of the lease? She cannot use her security deposit to cover her share of the lease. You will probably have to take her to small claims to get the balance due you. You will need the other roommate as a witness, if she knows what happened. If your roommate does not repay you, you will also have an issue with the landlord, unless you can convince the landlord that your check represented your share of the rent for 6 months. Expect the landlord to deny this, since he would have to go after the other people for the missing rent, and it will be easier for him to just agree with your roommate and say your check was for everyone. If you cannot afford an attorney to assist you, you might want to consider using Legal Aid or some lawyer assistance program. You should contact your local Bar Association office for recommendations.
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