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Posted by DK on February 16, 2000 at 21:17:55:

In Reply to: end of lease posted by Michele and Valeria on February 15, 2000 at 16:40:24:

It is definitely too small a matter to make it worth hiring a lawyer. But it would be very easy for you to sue the landlord in Small Claims Court. Go to the courthouse at 111 Centre Street and fill out the summons form. There is a small fee (about $20 as I recall). The TenantNet website has a good explanation of the small claims court procedures which are very simple and designed for people without lawyers. You can only sue for $3,000, but each of you could sue for that amount.

If you do go ahead with Small Claims, you will still need to be able to prove that the new tenant paid February rent. You could ask them to give you a copy of the lease or a cancelled check--or you could subpoena the records from the landlord or the new tenant. The Small Claims Clerk will tell you how to prepare a subpoena when you file the summons.

: We rented a condo apartment for one year in New York 28th st and B'way starting 1st of March 1999.
: We had to pay the entire rent in advance, because, as europeans, we don't have any credit history.
: The lease will end on 28th of February, but we left our apartment the 20th Jannuary. We gave the keys back to the Managment (that owns the whole building) and we received the security deposit back. We told to the person in charge that if he rented the apartment before the 1st of March we wanted to receive the money for this period of time back (monthly rent is $3.300). The Management agreed.
: I know for sure that someone has already moved in, but the Landlord insists telling me that he doesn't know anything about it and that the new lease starts on the 1st of March.
: Do you think that we have any chances to get our money back? Is it worth to hire a lawyer?
: Thank you for your future suggestions and for creating such a useful website
: sincerely
: Michele and Valeria

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Comments:
: It is definitely too small a matter to make it worth hiring a lawyer. But it would be very easy for you to sue the landlord in Small Claims Court. Go to the courthouse at 111 Centre Street and fill out the summons form. There is a small fee (about $20 as I recall). The TenantNet website has a good explanation of the small claims court procedures which are very simple and designed for people without lawyers. You can only sue for $3,000, but each of you could sue for that amount.

: If you do go ahead with Small Claims, you will still need to be able to prove that the new tenant paid February rent. You could ask them to give you a copy of the lease or a cancelled check--or you could subpoena the records from the landlord or the new tenant. The Small Claims Clerk will tell you how to prepare a subpoena when you file the summons.

: : We rented a condo apartment for one year in New York 28th st and B'way starting 1st of March 1999.
: : We had to pay the entire rent in advance, because, as europeans, we don't have any credit history.
: : The lease will end on 28th of February, but we left our apartment the 20th Jannuary. We gave the keys back to the Managment (that owns the whole building) and we received the security deposit back. We told to the person in charge that if he rented the apartment before the 1st of March we wanted to receive the money for this period of time back (monthly rent is $3.300). The Management agreed.
: : I know for sure that someone has already moved in, but the Landlord insists telling me that he doesn't know anything about it and that the new lease starts on the 1st of March.
: : Do you think that we have any chances to get our money back? Is it worth to hire a lawyer?
: : Thank you for your future suggestions and for creating such a useful website
: : sincerely
: : Michele and Valeria


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