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braking the lease & roomate trying to sue me

Posted by bianca donaldson on January 22, 2001 at 13:28:14:

I live in Brooklyn New york. I am sub leasing in a co op building with over 20 uinits, and not rent stablized. My rent was $2100/mth for a three bedroom apartment! The building has been around for many years over20-30 years old.

Basically me and a friend of mine (Nicole Rodriguez) Moved in and signed the lease together for a year. She gets pregnent and decides to move out 3 months b4 the lease is up! (8/01/2000) But tried to get her name off the lease but of course the building management will not do it! She moved out not in the greatest of terms and at the end of the year asked for her deposit back from me!
I do not have her deposit, the building management took our deposits as soon as we signed the lease b4 we moved in.
B4 she left she agreed to pay half of the month of august because after she is laible for the entire year and also she knew how hard it was to find another roomate to replace her. But did not and refused to pay but that was after she was already out! She left me struggling & frantic looking for a new roomate!

My questions to you is :
1. She is sueing me for the deposit.... shouldn't she be sueing the building mangement instead?
2. should i, or can i counter sue her for either the 1/2 of month she said she would pay but did not?
3. Since she broke the lease does she forfeit getting her deposit back?
4. Will i win this case is she right in sueing me?

The building management told me when she was trying to get her deposit , to get it from another roomate at the end of the year and give it to her, but i feel that is not my responsiblity, i am not required by law to give her back a deposit i do not have! An she basically screwed me when she did not pay for half of august rent! What are my rights here? also we have 2 bathrooms! I have my own and the 2nd one is share by her and another roomate (who is not on the lease!). Well nicole painted the 2nd bathroom red with many coats of the paint! the building mgmt saw this bathroom this week and is going to charge me to repaint the walls white because we are laible in keeping the walls white. Well Nicole is liable because she painted it and it was her bathroom! So shouldn't this be taking out of her deposit anyway?

My case is schedule for FeB. 14 2001
In small claims court and i did not counter sue her yet!
Need help!


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