Subleaser refusing to pay second half of rent

[Sunny Khan]

Jurisdiction

New York

I sublet my apartment staying the sublease period will end on the 15th, however the Master lease states the lease is actually until the 30th and the subleaser is refusing to pay the remaining amount. The management verbally misinformed us but ultimately the lease says the 30th so it is what it is. While, I understand I am liable for whatever rent the subleaser doesn't pay, is it technically the subleaser's responsibility? The sublease agreement states the language in the sublease agreement defaults to the Master Lease. However, the sublease agreement is also not even a real contract (never notarized or anything). What options do I have? For example could I take it out of their security deposit? Or keep it all together for her refusal? The contract states the dates and amounts default to the Master lease but the subleaser is hung up on the dates and is refusing to pay the second half of the month.

 

[Zigner]

I sublet my apartment staying the sublease period will end on the 15th, however the Master lease states the lease is actually until the 30th and the subleaser is refusing to pay the remaining amount. The management verbally misinformed us but ultimately the lease says the 30th so it is what it is. While, I understand I am liable for whatever rent the subleaser doesn't pay, is it technically the subleaser's responsibility? The sublease agreement states the language in the sublease agreement defaults to the Master Lease. However, the sublease agreement is also not even a real contract (never notarized or anything). What options do I have? For example could I take it out of their security deposit? Or keep it all together for her refusal? The contract states the dates and amounts default to the Master lease but the subleaser is hung up on the dates and is refusing to pay the second half of the month.

A contract doesn't have to be notarized in order to be valid.
If your agreement with her provides for her to be out on the 15th, and she is out on the 15th, then she's complied with the agreement.

 

[zddoodah]

I sublet my apartment staying the sublease period will end on the 15th, however the Master lease states the lease is actually until the 30th and the subleaser is refusing to pay the remaining amount.

So...you entered into a lease that provides for a term that ends on June (?) 30. However, for some reason, you entered into a sub-lease that provides for a term that ended on June 15. Is that correct? If so, why would you expect your sublessee (you are the tenant or lessee, a you sublet to the sub-tenant or sub-lessee) to pay rent beyond the 15th (assuming he/she vacated the premises by the 15th)?

The management verbally misinformed us but ultimately the lease says the 30th so it is what it is.

I assume you mean a property manager who is the agent of the landlord. Correct? How could someone misinform you about the terms of a written document that you presumably possessed and had read. Or did you sign without reading?

While, I understand I am liable for whatever rent the subleaser doesn't pay, is it technically the subleaser's responsibility?

I don't know what "technically" means in this context, and we obviously don't know what your sub-lease says, but you've given no reason to believe the sub-lessee is liable for anything beyond the 15th (again, assuming the sub-lessee vacated the premises by that date).

The sublease agreement states the language in the sublease agreement defaults to the Master Lease. However, the sublease agreement is also not even a real contract (never notarized or anything).

This is all meaningless. Why do you think it's "not . . . a real contract"? Why do you think lack of notarization matters? What does "or anything" mean?

could I take it out of their security deposit?

You certainly could, but there is no way for anyone here to know if it would be legally proper for you to do so. You need to take your lease and sub-lease to a local attorney for review, but make sure you don't miss any deadlines under the state landlord-tenant law relating to security deposits (and, if the place is in NYC, any applicable city law).

 

[adjusterjack]

I sublet my apartment staying the sublease period will end on the 15th,

The 15th of what?

Master lease states the lease is actually until the 30th

The 30th of what?

What options do I have? For example could I take it out of their security deposit? Or keep it all together for her refusal? The contract states the dates and amounts default to the Master lease but the subleaser is hung up on the dates and is refusing to pay the second half of the month.

Is your tenant still in occupancy after the 15th or did she leave by the 15th?

If your sublease started on the 15th of a month and your rent due dates were the 15th of the month and she was out by the 15th (of June?) then, no, she does not owe you for the second half of the month and you are not entitled to keep any of her security deposit for anything but damage.

I'm obviously making an assumption there. You can provide more details if necessary.