NEED HELP

[wychiu]

HELP!!
My roommate owes 2 months rent but we started subletting and the person working for the landlord said they were going to use her security deposit for the late rent. so two months has passed and me and my new roommate has paid our rent. a few days ago one of my roommate's friend came over with her dog. the landlord saw this and freaked out saying there are no pets. it is NOT our pet. now they are taking us to court to evict us. i was wondering, if my old roommate pays her two months rent, will we still be evicted? also, if we go to court and the judge is in favor of the landlord, how long do we have to move out?
thank you

[mjr203]

if it was a friend's dog there never was a breach

[wychiu]

HEY!!!!!
thank you guys for answering. the thing is, we have a court date on the 17th. i am talking to a lawyer later today. if it is about the dog, we have evidence it is NOT our dog. the dog was not ours to begin with but on the lease it does say NO pets. i dont know if it means no animals or pets as in our dog. it frightens me to think that it could be so nazi where ANY animal is prohibited. also, they are charging my roommate and I an extra two months rent because of the dog. they are saying that the dog was not suppose to be there but it is NOT our dog. i dont know if we have a case of not.
Thank YOU

[mjr203]

is this a stabilized apartment?

whatever you do, go to your court date.

get current on whatever rent you owe, prove it's not your dog, demonstrate how incredibly dumb these charges are to the judge and have a nice day.

[wychiu]

HELP!!!!!!!
i talked to the landlord and he said that we owe the fees because the rent that me and my new roommate paid was going towards the rent my old roommate owes. this means late fees were accumulating without us knowing!!!!!!!!! they NEVER told us this. also, they are keeping my old roommates' security deposit and demanding a security deposit from my new roommate. this means he will have 3 security deposits when only TWO people are living here. PLUS, he is saying that my roommate's friend's dog is a PET. he is saying on the lease there says no pets and a dog, no matter whose dog, is a PET. Is this true? can he take 3 security deposits for 2 people and use our rent to pay rent towards my roommates rent?
HELP!!!!!

[mjr203]

please remain calm. it is really hard to help without a clear picture of what your issue is.

first of all is this a stabilized apt or not. It is vitally impt to the equation because if it is non-stabilized, all this fuss will be over when the LL sends you 30-days notice when the lease expires. If it is stabilized, are you the lessee, how many people are on the lease, or is this a "legal sublet" of an RS apt?

secondly, how much does the signed lease say the rent is and what does it say the security is.

Regardless of whether there are 2 or 3 people there, the security should surely be $x.

Unless you are living in an apt in which rooms are rented out separately, the leaseholder is held responsible for back rent (that your previous roommate "owes"). I don't think regarding them as a separate entity is realistic. At the end of the day, a rental costs $x a month and rent is due. What late fees is the LL charging? Are late fees in the lease? If the apt is RS and no late fees in the lease, the LL cannot charge them.

-POINTER

[wychiu]

HEY
well, its not a rent stabilized place. the landlord wants to use my new roommate's rent and my rent to substitute my old roommates rent. then he is saying that the late fees are applying for each month even though we didnt know he was doing this kind of math. he is also holding my old roommate's security deposit and my security deposit AND he is suing for my new roommate's security deposit. this means he wants three security deposit. i just dont know what to do.
Thanks for your reply

[Chimera]

Is your landlord using your ex-roommates security deposit to cover a portion of her unpaid rent? If this is the case, it makes sense that your landlord is demanding that your new roommate put down a security deposit. If your landlord is suing for a new security, as well as two months of the unpaid rent, that would certainly seem wrong.

[wychiu]

hey
well, the landlord okayed the subletting. the landlord is NOT using my old roommates security deposit as back rent, that is why all those late fees were accumulating (without me knowing). the landlord is not using my old roommates security deposit as backrent and so my new roommate and my own rent was going to pay for the rent my old roommate didnt pay. late fees were accumulating because we didnt know the landlord was doing this. my landlord is now suing for my new roommate's security deposit AND the backrent meaning he wants THREE security deposits. i just dont know if he can do this.
thanks