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What Legal Options are Available when a Subtenant does not Adhere to an Agreement?

Discussion in 'Rental Agreements & Subleases' started by banana_hammock, Jun 23, 2020.

  1. zddoodah

    zddoodah Well-Known Member

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    I'm not going to purport to characterize what anyone else wrote, but what I wrote was the following: "I think that text would be extremely helpful. A signed, written agreement would not be needed." Without having read either your email or the responsive text and knowing exactly when they were sent in relation to each other, no one can draw any truly informed conclusions.

    In the abstract world of all that is hypothetical, virtually anything is possible.

    Yes. He could move to the other side of the country, which would make enforcing your judgment more difficult and expensive. Or he could file bankruptcy.

    As I informed you in my prior response, the court will not "give[] him an order to pay." The court may enter a judgment in your favor, which means you have the right to try and enforce the judgment. That's not the same thing as an order to pay.
  2. banana_hammock

    banana_hammock Law Topic Starter New Member

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    I mean yeah you're right it would be hard to predict exactly what he would do. But I just meant realistically/practically speaking if he wanted to continue his current life as is. I don't know too much about law and stuff so just wondering if there were any loopholes, strategies, etc.. he could practically do to win the case or not pay the money. I'm thinking his primary argument will just be that he never explicitly agreed to all the terms/conditions (only implicitly through payment of rent and notice of 30 days).

    After some research, I found this:

    "An enforceable bilateral agreement requires an offer, an acceptance, consideration and a meeting of the minds upon all the essential terms of the agreement."

    I'm pretty sure he will use the argument that there was no clear acceptance or meeting of the minds upon all the essential terms of the agreement, which resulted in a very non-solidified agreement, and that it was my own fault for not taking the due diligence to follow a more formal approach. Or something of that sort..

    Either that argument or that he did notify me and put in effort to find another roommate replacement but was extremely difficult due to the COVID crisis b/c the apt was very close to NYC (aka blame it on corona). Not sure how valid of an argument either of those are and I may be overthinking this..But like I said I'm just trying to hope for the best and prepare for the worst..

    I know he works for a rather well known tech company in IT and that his job is important to him. So I know that he will definitely try to defend him self from getting a wage garnishment so his company doesn't find out.
  3. mightymoose

    mightymoose Moderator

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    You are overthinking it.

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