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overcharged by tenant

Posted by ny tenant on July 16, 2001 at 18:07:48:

I was illegally subleasing (or sharing?) a NY rent stabilized apartment for the past 20 months. I paid rent directly to the tenant on the lease instead of the landlord b/c that was the arrangement the tenant insisted on. The apartment is a 1-bedroom -- I lived in the curtained off living room while the tenant kept her things in the bedroom and could come and go as she pleased (she usually stayed half the week in the apt and the other half at her home upstate NY).

The landlord discovered our living situation and told us both to leave when the lease was up June 30, 2001 -- he claimed it was an illegal sublease and grounds for non-renewal of the lease. I moved out as requested. However, on the day I moved out, I learned the tenant was charging me $100 more than the rent paid to the landlord. The registration history confirmed the overcharge. The apartment was not furnished and I paid utilities on top of the monthly rent.

How tough would it be to try to get the $2000 overcharge back from the tenant, and what is the best way of going about it?

Any insight or advice you can share would be greatly appreciated. Thanks

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