My question involves landlord-tenant law in the State of: NY
I'm relatively new to practice, having gotten my license in 2013, and have very limited exposure to landlord tenant issues, particularly as they relate to the market in NYC. An issue was presented to me for which I'd appreciate some insight.
I didn't have an answer, as I'm not entirely sure where contract law ends and landlord-tenant begins. Part of me thinks that if it's in the sublease, then yes; they has an agreement and that service should be offered. But I also don't know what, if any, recourse Ann has if the document both parties signed memorializes the engagement of an accountant. It does seem a little fishy, but I lack the experience to feel comfortable taking this on. I work at an Immigration practice so rarely see this kind of issue. The questions I have, then, are these:
When a service that has been bargained for in the process of negotiating a sublease agreement is not being provided, what's the best way for the sublessee to receive the value of the service? I understand there is a chance of landing on a rental "black list" if rent is withheld, so I'm not sure if this is the best way to secure performance for $1200 over the course of a year.
Is this something (assuming that there is a "there" there) that the Housing Court would handle?
Will the housing court consider outside evidence when reviewing the terms of a sublease?
My understanding is that Linda is a bit erratic. I suggested Sue contact the landlord if things go sideways and living there becomes untenable. Does the landlord have the power to over-rule terms agreed upon in the sublease (such as an agreement that sublettors cannot sublet the space or that specific services should be supplied).
If you've read through this, thanks for your patience and assistance. I'm fascinated by this part of the law but don't have much access to experienced guidance.
I'm relatively new to practice, having gotten my license in 2013, and have very limited exposure to landlord tenant issues, particularly as they relate to the market in NYC. An issue was presented to me for which I'd appreciate some insight.
An acquaintaince ("Sue") has recently moved into a house in Brooklyn as a one of five sublessees, having signed a subletting agreement with a person ("Linda") who is the sole signatory to house overlease. My understanding is that Sue was initially quoted a rate of $1000 per month for the room, but the amount was raised to $1100 (before anything was signed) to account for the need to hire an accountant to balance what are apparently some very complex utility bills. While paying $600 a month to pay bills seems high to me, this is Brooklyn and therefore mysterious. Sue has paid first, last, and security to Linda and both signed a sublease agreement.
Sue was recently instructed to pay utility bills directly to Linda rather than a CPA, raising the question of whether or not there is an accoutant at all. Sue suspects that Linda is charging each sublessee a $100 monthly premium to have the bills in her (Linda's) name and that there is no accountant. Sue asked if she should have to pay the extra $100 when she was not receiving the service of an accountant.
Sue was recently instructed to pay utility bills directly to Linda rather than a CPA, raising the question of whether or not there is an accoutant at all. Sue suspects that Linda is charging each sublessee a $100 monthly premium to have the bills in her (Linda's) name and that there is no accountant. Sue asked if she should have to pay the extra $100 when she was not receiving the service of an accountant.
I didn't have an answer, as I'm not entirely sure where contract law ends and landlord-tenant begins. Part of me thinks that if it's in the sublease, then yes; they has an agreement and that service should be offered. But I also don't know what, if any, recourse Ann has if the document both parties signed memorializes the engagement of an accountant. It does seem a little fishy, but I lack the experience to feel comfortable taking this on. I work at an Immigration practice so rarely see this kind of issue. The questions I have, then, are these:
When a service that has been bargained for in the process of negotiating a sublease agreement is not being provided, what's the best way for the sublessee to receive the value of the service? I understand there is a chance of landing on a rental "black list" if rent is withheld, so I'm not sure if this is the best way to secure performance for $1200 over the course of a year.
Is this something (assuming that there is a "there" there) that the Housing Court would handle?
Will the housing court consider outside evidence when reviewing the terms of a sublease?
My understanding is that Linda is a bit erratic. I suggested Sue contact the landlord if things go sideways and living there becomes untenable. Does the landlord have the power to over-rule terms agreed upon in the sublease (such as an agreement that sublettors cannot sublet the space or that specific services should be supplied).
If you've read through this, thanks for your patience and assistance. I'm fascinated by this part of the law but don't have much access to experienced guidance.
Subleases: Nyc: Options for Sublessee if Agreed-Upon Services Not Provided by Sublessor
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