Posted by Chris on January 23, 2001 at 09:39:15:
Thank you all for the comments.
I have hired an attorney and we are putting together a case. Nonetheless, Since my initial post, a few things have
happened and I again ask for more comments and feedback.
A few facts first:
1) I moved in January 2000 and agreed to pay rent to the primary tenant who didn't live at the address.
2) No written agreement was made, even though I asked for one.
3) I sent the rent to the primary's friend who, in turn, paid
the rent with the primary's checks to the LL.
4) I was moderately overcharged for the rent.
5) Notices to renew lease were sent to the address, which Primary tenant decided not to renew.
6) Two names are on the lease, primary and co-signor
7) LL was unawre of my subtenacy until I made him
knowledgable of it which would have been discovered from my application for the aparmtent once priamry's lease expires.
8) I filed application for tenacy with LL.
9) Notices to cure for violation of lease and non-payment were
sent to address.
10) Petition for Non-Payment followed 2 days later with my name
listed as subtenant. (Significant?)
11) I made Cosignor aware of situation and in turn, cosignor
paid rent in question which I paid to primary's friend. Cosignor
sent letter of surrender to LL.
12) LL refused cashing primary's checks, but would cash Cosignors' check.
THe LL's office people said the LL doesn't plan to offer me a lease at the end of February.
Do I have any shot of getting the lease on any grounds?
Am I entitled to the overcharge penalty by the primary tenant?
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