Posted by Honey Bee on April 29, 2001 at 23:05:15:
In Reply to: rental share and getting security back posted by sloho on April 29, 2001 at 18:10:16:
I'll try to respond to your points one at a time, with a suggestion at the end:
1) Try not to be desperate when you make housing decisions. Even if you are, pretend you aren't, and don't be afraid to assert your rights.
2) Sounds like both you and him knew that the arrangement was not all aboveboard, thus the phony note and other circumstances. As you have learned, you are the one who stands to lose when you enter into such as arrangement.
3) Of course he should have returned your security deposit upon moving out (indeed he should have kept it deposited, seperate from his personal funds). But given the way this guy began your roommate rental, rather obvious he doesn't play by the rules.
4)You can try to sue if small claims court, no lawyer needed. But given your lack of a contract and signing a phony note, you obviously don't have much evidence to back you up. However it is now prohibited for a rent stabilized tenant to profiteer from roommates (by charging more than the roommates' proportionate share of the rent). You should report this situation to the building's owner and/or DHCR. Although they cannot get you your money back, one or the other may take action against the shady tenant.
Lastly, a suggestion. You have endured quite a bit living as a roommate and found that shares can expensive and troublesome. Now, why not actively search for a place of your own ? The HPD web site below lists sources of affordable housing. While most of the developments undoubtedly have long waiting lists or application procedures, if you can endure 6 months living as you did ... why not get several applications in now, maybe 6 months down the road you can have a place of your own, with a lease in your name ?
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