Posted by Greg on March 22, 2000 at 19:35:40:
My partner and I live in a rent-stabilized building. Our lease is titled "Sublease of a Cooperative Apartment Unit". When we signed the lease we paid a security deposit equalling two months rent.
Our lease ends May 31st. We are currently one month behind on paying the rent and our landlord is upset. Our intention is to pay all of the remaing rent next month except for the amount of the last two months and tell the landlord that she will have to use our security deposit to cover rent for those last two months.
Can she have us evicted before our lease expires May 31st because we are one month behind on rent and don't pay the last 2 months?? And other than keeping our security deposit, can she sue us for any money? After all, although she won't like the way we are going about it, she will have a sum equalling the rent amount for a period of twelve months and the apartment has been well taken care of.
Here's an excerpt from our lease which may be relevant:
"If tenant does not pay rent on time, Landlord may use the security to pay rent past due. If Tenant fails to perform any other term of this Sublease, Landlord may use the security for payment of money Landlord may spend, or damages Landlord suffers because of Tenant's failure. If Landlord uses the security Tenant shall upon notice from Landlord, send to Landlord an amount equal to the sum used by Landlord. At all times Landlord is to have one month's current rent as security."
Any advice or answers are welcome. Since we're planning on moving there is no way we can afford to pay those last two months rent but still need to be able to live here. Thanks so much!
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