Legal Question in Credit and Debt Law in North Carolina
Betryed
I was renting an apartment in North Carolina. I found a job in New York and had to move. I had a few months left on my lease. I allowed a ''friend'' of mine to take over the apartment for the remaining months, even though it was against my lease ( the lease stated there was to be no subletting unless they were approved by the rental company). She failed to pay approximately three months rent and was evicted while the lease was still under my name. She repeatedly states and has emailed me that once she got her new job (which she has) and when she got her income tax return she would send me money. I have received nothing. In the meantime, the creditors contacted me and I made arrangements to pay a reduced amount to clear the account, which I did pay according to the agreement thru my checking account. Do I have any legal recourse against her or should I just continue to try to get it directly from her?
3 Answers from Attorneys
Re: Betryed
You are correct; your friend let you down. She now has a legal obligation to pay everything she originally promised to pay on the apartment. The difference between what you paid and the actual rental amount. But there is no real 'profit' to having a friend let you down like that. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. please call for an appointment first - 646-591-5786.
Re: Betrayed
You do have the right to sue your friend for the rent he/she was supposed to pay. The fact that is was an "illegal sublet" might be a factor...but does your tenant know about that? If you go to court you would have to show the lease and the court might not let you win if you were in the wrong to sub-let in the first place...(Court's don't usually assist you if you did something wrong. Your major problem is that you are here and your debtor is there...you have to sue your debtor, obtain a judgment and proceed to garnish the debtor's salary if you can't get paid "amicably". An attorney hired there will run you a percentage of the amount recovered and you will be liable for expenses and possibly some legal fees...you did not mention the monthly rent. If it is not too much I would chalk it up to a "life's lesson". By the time you are done chasing your deadbeat friend you will have no satisfaction with your victory...assuming you do win.
Re: Betryed
How much was the rent that she agreed to pay you? Where is your "friend" now? In NY, the limit for which you may sue in Small Claims court is $3K. However, if she is in N.C. you would have to file there. Since you were moving to NY, you were breaking your lease anyway and would've been liable for the remaining months. So, I know your friend let you down but you would've had to pay anyway. Perhaps a letter from an attorney would help but beyond that it is prob not worth your time and $$. Would be glad to offer assistance w/ a letter.
Debra Palazzo [email protected]
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