Posted by yudesca on August 13, 2001 at 00:02:03:
In Reply to: Don't forget: TREBLE DAMAGES posted by me on August 12, 2001 at 23:22:29:
Do you mean request treble damages on the overcharge complaint?
: That lease clause is amazing. The landlord has got to be nuts.
: Don't forget to ask for TREBLE DAMAGES. If treble damages are not granted, file a PAR. Insist on treble damages, as this is a "willful overcharge."
: I agree that you don't have to notify the LL first. Since you now have an ironclad case, that is not necessary.
: Now that I know all the facts, I am not sure that you have to file a complaint for improper lease.
: : Thats' exactly what I'll do! I will sign my renewal and file the overcharge complaint to DHCR.
: : Let them find out on their own..........
: : I recall when I went to sign the lease, the LL workers were not very happy with me. They gave me the lease to read in a room and I guess I took longer than they expected me to read it. I could here them chatting behind my back. Eventhough I really didn't know what I was reading, I wanted to seem like I was so that they wouldn't jerk me around. I guess my instinct was right - they were conning me. I question them alot wich propbaly brought concerns to their attention - maybe I was a trouble maker. At one point the manager was like well come tomorrow and you can sign the lease - if you want to think about it. I was like that is why I'm here today, so I want to sign it today. I knew if I left he would not give me the apt. I had that terrible feeling................
: : :Sign and return the renewal lease. You are under no obligation to discuss overcharge with LL or to notify LL that you are filing an overcharge. Whatever $$ this renewal lease states you will now be paying is the amount that the overcharg will be based upon-provided that you pay it. Preferential rent or reduced rent, whatever rent your LL bills you for and you pay...Just file the overcharge.
: : : So it says that only your first lease will be at the preferred rent. Your new lease will be based upon the higher Legal Registered Rent. Don't let him know what you're thinking. The more you pay, the greater the overcharge...go get him!
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