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i2clark · Nov 29, 2009, 01:10 PM

I am living in a share in NYC. Three people are on the lease and I am the fourth roommate. There is a month left on the lease. I never signed the lease and I've seen the official lease and my name is not on it. I've run into some bad luck and was demoted at work and am unable to pay rent after struggling to pay. I am already moved out and now the Housing Management is trying to evict the other roommates. They are asking that I pay the rent I wasn't able to pay. I am wondering if I am legally bound to them if an eviction happens, even though I don't technically exist to the Housing Management Office?

elliskev2 · Nov 29, 2009, 01:27 PM

I think you should square up with your roommates. It is the right thing to do. I would encourage them to do the right thing too.

Fr_Chuck · Nov 29, 2009, 01:32 PM

You are renting from the other roommates it would appear or at least have a month to month verbal rental. You are required to give a 30 day notice before you move. And can be held liable for this notice

LisaB4657 · Nov 29, 2009, 02:38 PM

If you were paying rent on a monthly basis then you are a month-to-month tenant. As Fr_Chuck said, you were required to give 30 days advance notice that you were terminating your tenancy and moving out. So the maximum for which you are responsible is 1 month of rent.

ScottGem · Nov 29, 2009, 02:55 PM

Originally Posted by elliskev2

I think you should square up with your roommates. It is the right thing to do. I would encourage them to do the right thing too.

This is the real estate LAW forum. Respnses here need to conform to existing law, not what you think is the right thing to do.

To the OP, as noted you were responsible for giving 30 days notice and required to pay up to that time.

i2clark · Nov 29, 2009, 07:50 PM

So, I may have to pay one month of rent, but I am not legally bound to the lease in any way. The apartment is really just for three people. The housing managers did not know of a fourth roommate. It was a verbal agreement, I guess.

i2clark · Nov 29, 2009, 08:00 PM

Nothing was written, nothing was signed and all previous rent payments were done in cash.

ScottGem · Nov 29, 2009, 08:05 PM

Doesn't matter a verlbal agreement can be binding. But yes you are only liable for rental one month after you give notice.

ballengerb1 · Nov 30, 2009, 08:29 AM

You have gotten some good advice. Keep in mind your verbal is with the roomates and not the management. You owe at least one months rent ot the roomates, do not pay to the management company directly. Inability to pay does not release you from paying the roomies.