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Rent increase in arrears and resulting eviction and withholding of security deposit?

Asked over 2 years ago - New York, NY

I moved with 2 girls who were on the lease. We had a verbal month-to-month agreement to pay $1200/m - they insisted I'd get rent reduction of $300 when THEY signed the new lease (poor economy) - it wasn't a guarantee but it persuaded me to move into the apt.

5 months later I was told that the rent had in fact gone up on the lease and they wanted me to pay additional rent of $50/m in arrears for the 5 past months!?! I refused since I was never made aware of a possible rent increase and agreed to pay more going forward but not in arrears.

So they evicted me - with 30 days. But, due to some threats made by 1 girl and her demand that I get out (I called the police) - so I left ASAP paying for the 4days I stayed at the apt. They are withholding my desposit to pay for the rest of the 30 days?!

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Attorney answers (1)

Ronald Anthony Sarno

Reputation Level 20

Answered over 2 years ago. Litigation Lawyer in New York, NY.

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The problem is you were probably a subtenant and no notice was given to the landlord. If you were a subtenant, it was probably illegal, and no remedy is available to you. I do not know who you paid the deposit to, but if it was the tenants, you can try to sue them in small claims court.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:

Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Legal terms used in litigation………………………………………………………..

New York City: A Guide to the Courts……………………………………..

Commercial litigation .
Landlord Tenant Rules and Requirements in General and in New Jersey,
Landlord Tenant Litigation: Eviction, Other Lawsuits in General and in New Jersey

An Introduction to Division of Housing and Community Renewal in New York City (DHCR)

LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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