Subletter Accusations

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blinky

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My boyfriend and I rented our extra room to a subletter with no contract (bad choice, I know). We do have an email with terms he agreed to.

Late night on May 2 he gave less than 30 days notice (against what he agreed in the email). I called this out and there have been many emails and texts going back and forth.

He is claimed that he is uncomfortable with the situation and moved just about all of his belongings (including furniture and all his clothing)... all without telling us. After leaving texts, notes and calls about showing the room and seeing where he was, we assumed he abandoned the room. We cleaned the room to make it presentable to show for a replacement roommate.

After sending an email and text about showing the room, he accused us of breaking and entering, claiming his room was locked. It was not locked plus we have always had access to the room because the internet modem is there and he gave us access to reset it if it was problematic.

He is also accusing us of harassment and threatened to take legal action if we contacted him again, hence we have no way to clarify anything or come to a solution.

We've had problems with him bringing many visitors and once of his texts suggested he had people in the apartment since he left to check that the door was locked. We told him that we changed the lock and he would need to contact us for access/keys. He is accusing us of denying him access by changing the lock and wants us to refund his money for half month's rent but he wants to move the remainder of his stuff (nothing really- we thought it was trash he abandoned) at the end of the month.

Sounds like he is not even in NYC to pick up a set of keys or wanted to set us up by making it appear like he abandoned the room.

Sorry for the long-winded description. Please advise with any suggestions. I can always provide more information as needed. thanks so much!
 
I'm assuming you took on the role of landlord with this subletting tenant; i.e., you two collected the rent from him, correct (instead of him paying the landlord directly).

In the absence of a written lease a tenant is assumed to have a month to month tenancy; his lease runs from the first day of the month to the last day of the month. As such, if he paid you for the entire month of May he is entitled to access to the room for this entire month.

Since he has already notified you that any further contact will result in legal action (likely nothing more than a bluff) don't contact him again until the month is up. Let him contact you.

If he does not remove his property at the termination of his tenancy, notify him that it must be removed by a certain date or it will be discarded. If you do discard it, make a careful record of what this consisted of so he doesn't come back claiming you stole (or tossed out) something of immense value.

Remember if you do rent the room before the end of the month (and the new tenant pays) then you need to prorate this rent since you cannot "double dip" (i.e., collect rents from two parties).

Gail
 
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