If I have moved from my friend’s apartment where I was staying for 8 months, do I have to pay the last2 months that I owe?

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If I have moved from my friend’s apartment where I was staying for 8 months, do I have to pay the last2 months that I owe?

I stayed at a friend’s apartment without signing any contract or agreement of any kind. I paid every month except for the last 2 because I hit a financial hardship. Am I obligated to pay the remainder of the rent I owe since there is no contract or agreement of any kind? Does she have any right to pursue a lawsuit?

Asked on December 9, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you were living in your friend's apartment and paid rent for six out of the eight months while there but were unable to pay the last two months due to financial hardship, you are obligated to pay the two months owed as a result of your prior conduct. After all, the person you were staying with is a friend of yours and friends do not take advantage of friends.

I would speak with your friend about the situation. If she wants the two months rental, you should pay her the best way you can this amount. She would have a basis to bring a small claims action against you for unpaid rent based upon what you have written.


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