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huge problem

Posted by Jennifer on June 29, 2001 at 11:12:15:

I currently live in an apartment for which I and my roommate are the leaseholders, we have another roommate who's a subletter. Our lease ends October 15th but both me and my roommate plan on moving out by August 15th (our rent is due the 15th) in part b/c of a falling out with the subletter. My roommate had asked her to leave last Friday and she refused, saying she would stay there until he moved out threatening to have him arrested for charging her more for rent (she pays $100 more than we do, which I know she can't do since roommate overcharging is the landlord's jurisdiction--it's a rent-stabilized apartment btw so I don't know if that makes a difference). My roommate (the one w/the lease) was extremely upset and decided he wanted to move out in August. We met with our landlord yesterday about it yesterday and she informed us that we were obligated to stay until our lease ended (Oct 15th) but that they would contact an agency to find tenants who were willing to take over the apartment, in which case we would be released from our lease and allowed to pay rent only up through August 15th. She also noted that if they did not find a tenant then we would have to continue paying rent through Oct 15.

The problem is is our subletter is being extremely difficult and while we haven't told her we're moving out Aug 15th yet we're afraid she'll still refuse to leave since she knows that the lease doesn't end until Sept or Oct (I should also mention her sublet agreement was only for six months though my roommate let her to continue to stay so she's now been in the apartment for a year and a half). If this is the case, what recourse do we (or the landlord) have?

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