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Tenant rights: Not on a lease, but a guarantor agreement was signed (NYC)
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unoyno is in New York City
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Hello! My lease expired for my apartment over a year ago. I tried for many months to get a new lease sent over, but my landlord kept sending a lease renewal with the wrong name (a previous tenants) on it. I never signed, and eventually my landlord became unresponsive to my requests for a revised lease. I have been paying month-to-month since.

During the time that I was looking for a lease renewal, I had a family member send over a signed guarantor agreement. I assume it was received, I never received any confirmation. This was over a year ago.

Fast forward to this year, there was a massive leak in my apartment. The ceiling collapsed and mushrooms and mold were growing from the walls. I withheld rent for (1) month, after no repairs were done in those 4 weeks and we were living in squalor.

My landlord is now calling my "guarantor" several times a day, emailing both them and me, as well as calling my emergency contact I had listed from my rental agreement 2 years ago, for payment on this 1 months rent (that should be covered by the security deposit I paid years ago anyway)

I have paid every months rent on time since this incident, having only skipped the one month they failed to do repairs. They have been threatening to sue my guarantor if I refuse to pay for this (1) months rent. The harassment is near daily and my guarantor is very concerned that they could land in court for my nonpayment.

Could my guarantor be held liable despite the fact that i was not on a lease when they signed the agreement? Can they even sue me for an amount covered by my security deposit? Is what they are doing considered harassment?

I really appreciate anyone who takes the time to read/respond. Thank you all!!

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11 months ago