Help me stay out of debtor's prison!
May 8, 2010 1:51 PM Subscribe
For the past 6 years, I have lived in an expensive NYC apartment (that I love), sharing the rent with my boyfriend -- but I can't carry alone since my relationship has ended. I was rocked by the breakup, didn't immediately move and managed to miss 4 months of rent as I struggled to figure out what to do. I have now found a new, affordable place and am feeling stronger. My current landlord is ok with releasing me from the lease, holds a month security, but the 4 open months add up to a lot -- more than I can pay AND move. I have emailed with my current landlord and said as much, asking what we can work out but I'm losing a lot of sleep/am a wreck over this as I wait to hear back. The landlord is decent and typically ok working with me on things -- but it's a lot of money. What scenarios might play out here? By the way, I don't have the option of tapping savings, borrowing money or going to the ex for help.
If you can take out a personal loan to cover the amount you owe, do that. You'll be able to manage the payments better and at least shut the door on all this old business with your current landlord.
If you just move out and leave him holding the bag, he will sue you, and probably win, and you will eventually be ordered to pay. It would make you feel rotten probably, but that would at least buy you some time.
Or, you can see if you can pay him back in installments. Put it in writing, so you are legally bound. He won't like this, but might prefer it over having to sue you.
This is one of those situations where you have to take a deep personal moral inventory, grit your teeth, and commit to a hard decision even if it makes someone else really (temporarily) unhappy. Put it behind you as fast as you can, chalk it up to survival -- you did the best you could, you'll try to do better next time.
posted by hermitosis at 2:08 PM on May 8, 2010
If you just move out and leave him holding the bag, he will sue you, and probably win, and you will eventually be ordered to pay. It would make you feel rotten probably, but that would at least buy you some time.
Or, you can see if you can pay him back in installments. Put it in writing, so you are legally bound. He won't like this, but might prefer it over having to sue you.
This is one of those situations where you have to take a deep personal moral inventory, grit your teeth, and commit to a hard decision even if it makes someone else really (temporarily) unhappy. Put it behind you as fast as you can, chalk it up to survival -- you did the best you could, you'll try to do better next time.
posted by hermitosis at 2:08 PM on May 8, 2010
The landlord could and might sue you for non-payment, which would then show up on your credit report(s). This will cost the landlord money, up-front (the costs will be added to the amount you owe).
However, with the recent economic atmosphere, many creditors and landlords realize that the best way to handle things is to be reasonable about collecting debts. In your case, by moving out, you're stopping the flood of money your current landlord is owed. Offer that landlord a reasonable plan for how and when you will pay him off - this will be cheaper for him (and ultimately, you) than if he has to file an eviction/suit for back rent. Be sure to make the payment plan something you can live with, though, otherwise, you might default and end up with a worse result.
Also, by offering a payment plan, you'll avoid the interest of taking out a personal loan/credit card debt and, hopefully, the interest that a NY judgment would attach to the debt.
Standard IANYL disclaimer applies. I do work with NY-licensed attorneys in NYC, though, so if you need a referral for one, contact me on MeMail.
posted by LOLAttorney2009 at 2:30 PM on May 8, 2010
However, with the recent economic atmosphere, many creditors and landlords realize that the best way to handle things is to be reasonable about collecting debts. In your case, by moving out, you're stopping the flood of money your current landlord is owed. Offer that landlord a reasonable plan for how and when you will pay him off - this will be cheaper for him (and ultimately, you) than if he has to file an eviction/suit for back rent. Be sure to make the payment plan something you can live with, though, otherwise, you might default and end up with a worse result.
Also, by offering a payment plan, you'll avoid the interest of taking out a personal loan/credit card debt and, hopefully, the interest that a NY judgment would attach to the debt.
Standard IANYL disclaimer applies. I do work with NY-licensed attorneys in NYC, though, so if you need a referral for one, contact me on MeMail.
posted by LOLAttorney2009 at 2:30 PM on May 8, 2010
more than I can pay AND move.
I'm not sure if you're implying that you might stay, because it seems to me that its also more than you can PAY AND STAY. Don't let being down over your relationship breakup stop you from making the necessary move to somewhere cheaper. If you have to take a loan at least that can be on the best terms available rather than getting stuck with being sued for non-payment.
posted by biffa at 3:21 PM on May 8, 2010
I'm not sure if you're implying that you might stay, because it seems to me that its also more than you can PAY AND STAY. Don't let being down over your relationship breakup stop you from making the necessary move to somewhere cheaper. If you have to take a loan at least that can be on the best terms available rather than getting stuck with being sued for non-payment.
posted by biffa at 3:21 PM on May 8, 2010
You say you found an affordable place - what if you found an even cheaper place? Could you pay what you owe and move if you did that? I'm an ex New Yorker of 10 years, and I know rents are high. And I know that sometimes in order to get a cheap rent, some of the living circumstances - roommates, basement apartments in Queens, long long long walks to the subway, etc. - seem unreasonable. But on the other hand, if these options are open to you I think it is more unreasonable to expect (as you seem to) the landlord to cut you a deal and let you pay less than you owe. Of course, you may already be scraping the bottom of the barrel in terms of rent prices, so if you are you might consider demonstrating same to the landlord as a part of an attempt to persuade a reduction in the total or payment plan concession. But if you aren't, I would respectfully recommend you take stock and critically consider where else you can economize.
posted by bunnycup at 4:11 PM on May 8, 2010 [2 favorites]
posted by bunnycup at 4:11 PM on May 8, 2010 [2 favorites]
It sounds to me like you're going to have to try to work out a payment plan with the landlord. You DID live there, after all, and it's not your landlord's fault your relationship broke up.
posted by 2oh1 at 1:44 PM on May 9, 2010
posted by 2oh1 at 1:44 PM on May 9, 2010
This thread is closed to new comments.
posted by anniecat at 2:08 PM on May 8, 2010