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Posted by John on July 07, 2000 at 14:29:29:
In Reply to: Tax liens and landlord suing for remainder of time on lease posted by wilfire99 on July 06, 2000 at 22:41:27:
I am assuming he lived in NYC and the apartment in question is not regulated. Hire a lawyer. He should only pay back rent if he occupied the premises for the time he stayed...
If your friends ex forced him to move away, consider the manner and the method use for his eviction, then I am assuming the landlord was notifed not to allow him to return (as a tenant he could have asked for a copy of his key) to the apartment with a spare key.
If he was evicted illegally then your friend can sue her for illegal eviction and duress. The landlord can't sue him directly for the rent. Any conditions and agreements he had with his ex is with him and her. The landlord only cares that the rent is paid in full every month. $24,000 is alot of money and I assume both their credit reports reflect this over due balance. Hire a lawyer and both of them should speak to his former landlord about the over due balance. It is possible that she has promised the landlord the world and is leaving him with the bill.
Also he maybe surprised to know that she replaced him with another, find out.
Good luck
: My friend and his girlfriend just broke up for the second time and this time there is no going back. They both signed a 2 year lease for an apt for $2000.00 per month rent. He moved out and she wants to stay. Now she refuses to pay the whole amount of the rent and told the landlord to sue for the other half. Although the landlord can do this, my friend has IRS tax liens. Now, my question is, Can my friend offer a settlement amount to the landlord to be removed from the lease and make his ex girl-friend the only tenant responsible for the rent? If the landlord does choose to sue for the $24,000.00 (24 months at $1000.00 each)and gets a judgement, will the landlord have to wait until the tax liens are paid (10 years)? Will it be in the best interest of the landlord to take a settlement amount of say $3,000.00-$6,000.00 to remove my friend from the lease and give his ex gilfirend 3-6 months to find another place to live?
: Also, is it legal for my friend to offer a settlement to be removed from the lease?

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Comments:
: I am assuming he lived in NYC and the apartment in question is not regulated. Hire a lawyer. He should only pay back rent if he occupied the premises for the time he stayed... 

: If your friends ex forced him to move away, consider the manner and the method use for his eviction, then I am assuming the landlord was notifed not to allow him to return (as a tenant he could have asked for a copy of his key) to the apartment with a spare key.

: If he was evicted illegally then your friend can sue her for illegal eviction and duress. The landlord can't sue him directly for the rent. Any conditions and agreements he had with his ex is with him and her. The landlord only cares that the rent is paid in full every month. $24,000 is alot of money and I assume both their credit reports reflect this over due balance. Hire a lawyer and both of them should speak to his former landlord about the over due balance. It is possible that she has promised the landlord the world and is leaving him with the bill.

: Also he maybe surprised to know that she replaced him with another, find out.

: Good luck  


: : My friend and his girlfriend just broke up for the second time and this time there is no going back.  They both signed a 2 year lease for an apt for $2000.00 per month rent.  He moved out and she wants to stay.  Now she refuses to pay the whole amount of the rent and told the landlord to sue for the other half.  Although the landlord can do this, my friend has IRS tax liens.  Now, my question is, Can my friend offer a settlement amount to the landlord to be removed from the lease and make his ex girl-friend the only tenant responsible for the rent?  If the landlord does choose to sue for the $24,000.00 (24 months at $1000.00 each)and gets a judgement, will the landlord have to wait until the tax liens are paid (10 years)?  Will it be in the best interest of the landlord to take a settlement amount of say $3,000.00-$6,000.00 to remove my friend from the lease and give his ex gilfirend 3-6 months to find another place to live?
: : Also, is it legal for my friend to offer a settlement to be removed from the lease?


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