Posted by me on November 30, 2001 at 13:58:24:
In Reply to: Return rent money! posted by michelle on November 27, 2001 at 23:12:12:
I see you have other roommates. Are you all renting from this "landlord" directly? Or just one of you? I suspect that only the actual sub-tenant can sue. If you are all subtenants, each of you should sue independently for up to the small claims limit, which is $3000 I think.
I suspect that you could probably only collect for the rent you paid from the Dec. 15 on. But I am not sure about that. He is tossing you out early--breaking your lease. I think you are within your rights to sue for the rent from Dec. 1 on. It is hard to get an apt. in the xmas season, etc. etc.
Someone suggested avoiding renting from a tenant. Well, an owner can be as unreliable as a tenant. Lots of people sublease from tenants and don't wind up getting ripped off.
Incidentally, if you have proof he knew he was out on Dec. 15, and took your money anyway, that is fraud and you should let the judge or arbitrator know that.
: I need some advice on how to get my rent money back.
: In mid-november, I rented a room in a loft in Tribeca for November and December . Although I was moving in mid-month, I agreed to pay for all of November's rent. My Landlord, who is also living in the aparment, waived the security deposit but wanted both months rent upfront. I thought this was very unusual, but since he had waived the security deposit I thought it would be okay (stupid move!). I should have known better. I wrote a personal check and did get a receipt. However, I did not have a written agreement.
: Before I paid the rent, the landlord did inform me that he was in the process of suing his landlord. I'm not sure what his exact reasons were but his lease ended about a year ago. I asked him if this would affect my stay in the apartment. He assured me it wouldn't. I should not have believed him.
: A week later, my landlord told me he had settled his case and we needed to be out of the aparment by December 15th. Technically, we had until January 2001 but my landlord was going out of town around Christmas so he wanted to move everything by the 15th.
: He agreed to refund me the last 2 weeks rent but said I wouldn't get it until January (this was because he wouldn't get money for moving costs until the loft was vacated and he had no other money). He even said I could stay till the 20th for "free" but after that, things at the loft would get ugly ie no heat, no hot water etc. The whole situation sucked! The whole reason why I decided to stay there and pay for all of November's rent even though I was moving in mid-month was so I could stop looking for an apartment, enjoy New York and have a place for the hollidays! I paid for December's rent before it was due and yet he couldn't even give me 1/2 month's rent when he told me the news!
: Also, art of the reason why I am so upset is also because I think that he already knew that he was leaving on the 15th before I paid the rent. He was just trying to get as much usable money as possible to pay for his next loft which he'd by that time already found.
: I need to know what actions I can take. I don't believe anything he says and I'm not sure I will ever see any money. At this point, I would like to leave by December 1st and get all my money for December back. I know that one of the other roomates (there are 2 other roommates) is leaving December 1st. Is this possible? Please help!!! Any advice would be appreciated. Thanks.
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