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sub let, no lease: pro rata and deposit issue

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sub let, no lease: pro rata and deposit issue

Postby dpw27 » Sat Nov 12, 2011 5:44 pm

I moved into an apt in mid-Oct. I paid 600$ presuming this to be deposit (rent is $600/month). then i paid 600$ for November rent in early November.
but the main tenant (landlord seems to have delegated the apt management to him) is asking me for an extra 600$ (versus the 300$ i think i owe for half oct rent) to compensate previous tenant for her deposit.

Two issues here:
- i think i owe rent either from when i paid deposit or when i moved in (there was a week in between)
- why am i paying it to previous tenant. they mentioned that i was my responsibility to find a replacement tenant when i move out and get them to pay deposit to me, with myself covering rent until they move in.

I have not signed a lease and don't know if the main tenant has signed a lease either.
Its a 3 bed apt in two story house in Bronx.

Any thoughts would be most helpful.
dpw27
 
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Joined: Sat Nov 12, 2011 5:36 pm
Location: Bronx

Postby TenantNet » Sat Nov 12, 2011 6:03 pm

Clarify ... are you a prime tenant, a roommate or something else. Do you have the unit to your self with a lease of your own? Did you move in as a roommate?

Did you get a receipt for the amount you consider a deposit?

What do you mean the LL has "delegated" apt management...

What is the nature of the building? Separate units? rooming house? SRO? Do you share the unit with the other tenant? How many units in the building?

What does the lease say about rent and deposit? It has to be specific, i.e., how much per month, when it is paid, to whom and so on. The lease term will begin and end on dates certain, no matter when you moved in.
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Postby dpw27 » Sat Nov 12, 2011 6:11 pm

TenantNet wrote:Clarify ... are you a prime tenant, a roommate or something else. Do you have the unit to your self with a lease of your own? Did you move in as a roommate?

Did you get a receipt for the amount you consider a deposit?

What do you mean the LL has "delegated" apt management...

What is the nature of the building? Separate units? rooming house? SRO? Do you share the unit with the other tenant? How many units in the building?

What does the lease say about rent and deposit? It has to be specific, i.e., how much per month, when it is paid, to whom and so on. The lease term will begin and end on dates certain, no matter when you moved in.


I'm a roommate, with my own room, no key for it. There are two other rooms with person in each. Large room is where the main tenant is. Other room rented to someone like myself.

I moved in on my own.

I do not have lease or receipt for the monies paid.

By "delegated" I mean the owner does not deal much with the apt itself. Tenant issues seem to be managed by main tenant. Owner only collects rent and fixes repairs.

Its a 3 bed apt in house with 2 floors (1 apt per floor) plus basement (which is rented).
dpw27
 
Posts: 5
Joined: Sat Nov 12, 2011 5:36 pm
Location: Bronx

Postby TenantNet » Sat Nov 12, 2011 6:27 pm

First, that sounds like an illegal situation (although the basement unit might be the illegal one).

Just to be sure, you are paying rent directly to the landlord? Not to what you call the "main" tenant? If so, you might have tenancy rights as opposed to being a roommate or licensee. There are fine distinctions between licensees and undertenants. But here it appears you are the tenant of the landlord, the person or corporation that owns the building. That can determine your tenancy rights.

In all cases, by law, you have a right to a receipt. I would demand one and also pay by money order or check where you write exactly what the money is for, i.e., "Rent November 2011"

Do you know if the main tenant a) has a lease from the LL, and b) is he a relative or employee of the LL?

If you pay rent to the LL, then DO NOT pay any additional money to the main tenant. (other than shared utilities, etc.)

You have a right to a key to your room, or you can install your own lock.
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Postby dpw27 » Sat Nov 12, 2011 6:34 pm

Thank you for quick reply.

All monies to date (2 x $600, in cash) have been paid to 'main tenant', not LL.

I don't know if main tenant has a contract. The relationship stems from the fact that he seems to be renting the apt for a reasonably long time, and they are both from the same part of the world.


TenantNet wrote:First, that sounds like an illegal situation (although the basement unit might be the illegal one).

Just to be sure, you are paying rent directly to the landlord? Not to what you call the "main" tenant? If so, you might have tenancy rights as opposed to being a roommate or licensee. There are fine distinctions between licensees and undertenants. But here it appears you are the tenant of the landlord, the person or corporation that owns the building. That can determine your tenancy rights.

In all cases, by law, you have a right to a receipt. I would demand one and also pay by money order or check where you write exactly what the money is for, i.e., "Rent November 2011"

Do you know if the main tenant a) has a lease from the LL, and b) is he a relative or employee of the LL?

If you pay rent to the LL, then DO NOT pay any additional money to the main tenant. (other than shared utilities, etc.)

You have a right to a key to your room, or you can install your own lock.
dpw27
 
Posts: 5
Joined: Sat Nov 12, 2011 5:36 pm
Location: Bronx

Postby TenantNet » Sat Nov 12, 2011 7:51 pm

No need to quote everything I just said.

If you are paying the prime tenant (main tenant), then you are the undertenant, a roommate. But that's very different from what you said at the top.

You have a right to get a receipt from him.
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Postby dpw27 » Sat Nov 12, 2011 8:36 pm

Apologies if first post was not clear.

Am I correct in saying that I have a right to receipts, contract, key for door? And once I get receipts and contract, should one month's notice suffice for requesting deposit given back?

There were no checks on room or anything, which presumably should have been the case for damage deposit.

I'm reluctant at this point to hand over any more money if there is not a good prospect of getting deposit back.

Why did you mention that the situation was illegal in a previous post?
dpw27
 
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Joined: Sat Nov 12, 2011 5:36 pm
Location: Bronx


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