Subtenants Rights - Please Guide Me

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Stanelita

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I am fairly new to New York (Approx 1 Year Now). I have a family - wife and two kids aged 2 and 4 Yrs. We met Tashhir (Single Bachelor) through aqaintances and we decided to rent an apartment in May 2004 for one year, since I did not want to move too much due to the expenses and inconvenience of moving. Out of mutual understanding Tashhir Rented a 2 BR apartment for 1100 from his contacts, out of which I was to pay 700 per month for one BR and shared LR and Bath to which i readilly agreed. This person and myself agreed that we would have an written agreement with both our names on it for official purposes. However till date i never saw any agreement.

Then In Oct 2004 Tashhir started to play games with us, saying that he would be moving out to another location, and then again two weeks later once again decided to stay indefinitely. This was putting us in a unstable position, so we contacted the owner concerning the agreement, and he agreed to have the agreement as we agreed, However Tashhir refused to enter into an agreement, so the matter was closed.

Again on December 6, Tashhir told us that he would be moving out by December 31st. So we spoke to the Landlord, and he told us that we should take over from January 2005 and that we would be solely responsible for the complete rent and he would be signing the agreement from January for six months. So we agreed and accordingly were about to insert an ad on December 15th. That Same night the landlord calls us and tells us that Tashhir has changed his mind and will living until the end of the agreement and insisted that I cancel the ad.

So I cancelled the Ad the next morning December 16th and to my surprise when I called up my landlord, he tells me that Tashhir has once again changed his mind and that he wants to leave on December 31st. I told the landlord that I am a family and this is not fair treatment for a family. the Landlord happens to be from the same country as Tashhir and so he is probably favouring him.

I need to know what are my rights, cause I am afraid. What can he do to me ? I have already paid him the rent for december 700 and the deposit for the next month is with him.
Can the landlord be playing with me such games, does the law permit him to do such a thing in the absence of a written agreement. I always wanted it in writing so that Tashhir would not cheat or desert us concerning our verbal agreement/arrangement. Can Tashhir get away from his verbal agreement with us ? This is causing me so much inconvenience, since i am the only working member, and i dont know what to do. Please let me know anything that could get me my rights.

Had the Landlord signed an agreement, we would not have had any problems to begin with, but now since I dont have any written agreement, and this Tashhir is leaving abruptly, and this being a holiday season, I am totally lost on what to do about this whole situation.
 
Is this in New York City or somewhere outside the City? I ask because the city has slightly different laws then the rest of the state.
 
Yes in New York Queens County

Yes This is in Ozone Park, Queens, NY 11417.

I dont know if this is worth mentioning, but the landlord said he would be getting back to us after having a word with Tashhir for sudden change of his decision, but till date hasnt got back to us after the 16th.
 
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Stanelita said:
I am fairly new to New York (Approx 1 Year Now). I have a family - wife and two kids aged 2 and 4 Yrs. We met Tashhir (Single Bachelor) through aqaintances and we decided to rent an apartment in May 2004 for one year, since I did not want to move too much due to the expenses and inconvenience of moving. Out of mutual understanding Tashhir Rented a 2 BR apartment for 1100 from his contacts, out of which I was to pay 700 per month for one BR and shared LR and Bath to which i readilly agreed. This person and myself agreed that we would have an written agreement with both our names on it for official purposes. However till date i never saw any agreement.

Then In Oct 2004 Tashhir started to play games with us, saying that he would be moving out to another location, and then again two weeks later once again decided to stay indefinitely. This was putting us in a unstable position, so we contacted the owner concerning the agreement, and he agreed to have the agreement as we agreed, However Tashhir refused to enter into an agreement, so the matter was closed.

Again on December 6, Tashhir told us that he would be moving out by December 31st. So we spoke to the Landlord, and he told us that we should take over from January 2005 and that we would be solely responsible for the complete rent and he would be signing the agreement from January for six months. So we agreed and accordingly were about to insert an ad on December 15th. That Same night the landlord calls us and tells us that Tashhir has changed his mind and will living until the end of the agreement and insisted that I cancel the ad.

So I cancelled the Ad the next morning December 16th and to my surprise when I called up my landlord, he tells me that Tashhir has once again changed his mind and that he wants to leave on December 31st. I told the landlord that I am a family and this is not fair treatment for a family. the Landlord happens to be from the same country as Tashhir and so he is probably favouring him.

I need to know what are my rights, cause I am afraid. What can he do to me ? I have already paid him the rent for december 700 and the deposit for the next month is with him.
Can the landlord be playing with me such games, does the law permit him to do such a thing in the absence of a written agreement. I always wanted it in writing so that Tashhir would not cheat or desert us concerning our verbal agreement/arrangement. Can Tashhir get away from his verbal agreement with us ? This is causing me so much inconvenience, since i am the only working member, and i dont know what to do. Please let me know anything that could get me my rights.

Had the Landlord signed an agreement, we would not have had any problems to begin with, but now since I dont have any written agreement, and this Tashhir is leaving abruptly, and this being a holiday season, I am totally lost on what to do about this whole situation.

Well, you will have to think practically about this. Do you want to move? You have a choice -- you can pay $700 per month but then you will eventually need to move. The landlord can terminate your lease although it is difficult to say when. Regardless, you will eventually need to move.

Should you stay for a while and move shortly, would you be responsible for Tashir's portion? Doubtful under a number of legal theories, one of which applies to general contracts and may apply here. Since Tashir is jointly liable along with you for the rent, he would not be able to be released from liability without your consent from my understanding. If the landlord releases him, then the landlord releases you from liability for his portion of the rent. Even if that particular concept did not apply there is also a theory of "detrimental reliance" where you relied upon the landlord's representation that Tashir was staying and then were harmed when, suddenly and without appropriate notice, you were told that you would be responsible for his portion of the rent.

But this whole discussion is likely moot. Decide whether you want to stay and work things out or plan to move and only pay $700 per month rent until you do. Should this landlord ever decide to take you to court (I'd doubt it) then the landlord would have precious little to do so. His mistake was that he should have provided you with a lease.
 
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