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Posted by me on October 12, 2001 at 17:09:52:

In Reply to: Should I get a lawer? posted by matt on October 12, 2001 at 14:20:42:

I'm not a lawyer, but it seems to me that you've been overcharged by almost $400 a month, meaning that you are owed something like $10,000. I believe the rule for rent stabilized apts. is that you can only charge the same or a little more rent(10%? am not sure).
To sue for over $10,000 you need a lawyer, as you have to go to civil court, but it is worth it.
The refrigerator etc. is small potatoes. The overcharge is the big thing.
I believe that illegal sublets are grounds for eviction --of the primary tenant. They get evicted, so do you.
So I think the answer is yes, you need a lawyer. Not sure about the statute of limitations--2yrs. is a long time. I'd wager you're OK.

: I have been subletting for 26 months- paying 1036/mo for an unfurnished rent stabalized appartment. I found out that the people I am subletting from are paying 650/mo. I am also dealing with the following:

: - Bug infestation
: - Broken Refrigerator
: - Broken Toilette
: - Broken Winow (won't open)

: The subletters said that the landlord has offered 300 for a new refrigerator. Of course that is impossible to find. He said that they are going to contact an exterminator but it has been more than a month. It has been 5 months on the window. And re: the toilette I am going to take care of myself and submit the receit.

: Questions:
: - Can I submit my receipt for the new refrigerator I bought ($480) and deduct it from my rent?
: -What are my rights re: evection? I have the appt through Feb- by contract- if I start these proceedings, can the people I rent from just decide they want their appt back?
: - Where can I find a good lawer?

: Ideally I would like to be able to take care of all of the problems myself and deduct it from my rent. Then when I am about to leave this situation I would like to sue for the balance I am owed. Is that possible? Does that sound like a good strategy?

: Thanks for any help-

: M

Follow Ups:

• Re: Should I get a lawer? nyhawk 10/12/01 (0)

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Comments:
: I'm not a lawyer, but it seems to me that you've been overcharged by almost $400 a month, meaning that you are owed something like $10,000. I believe the rule for rent stabilized apts. is that you can only charge the same or a little more rent(10%? am not sure).
: To sue for over $10,000 you need a lawyer, as you have to go to civil court, but it is worth it.
: The refrigerator etc. is small potatoes. The overcharge is the big thing.
: I believe that illegal sublets are grounds for eviction --of the primary tenant. They get evicted, so do you.
: So I think the answer is yes, you need a lawyer. Not sure about the statute of limitations--2yrs. is a long time. I'd wager you're OK.

: 
: : I have been subletting for 26 months- paying 1036/mo for an unfurnished rent stabalized appartment. I found out that the people I am subletting from are paying 650/mo. I am also dealing with the following:

: : - Bug infestation
: : - Broken Refrigerator
: : - Broken Toilette
: : - Broken Winow (won't open)

: : The subletters said that the landlord has offered 300 for a new refrigerator. Of course that is impossible to find. He said that they are going to contact an exterminator but it has been more than a month. It has been 5 months on the window. And re: the toilette I am going to take care of myself and submit the receit. 

: : Questions: 
: : - Can I submit my receipt for the new refrigerator I bought ($480) and deduct it from my rent?
: : -What are my rights re: evection? I have the appt through Feb- by contract- if I start these proceedings, can the people I rent from just decide they want their appt back?
: : - Where can I find a good lawer?

: : Ideally I would like to be able to take care of all of the problems myself and deduct it from my rent. Then when I am about to leave this situation I would like to sue for the balance I am owed. Is that possible? Does that sound like a good strategy?

: : Thanks for any help- 

: : M


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