Court Information -- LL owes me $6800

[super tenant]

Which court do I file a claim in? I know small claims is less than $5K. LL/Tenant court I believe is for repairs, etc. Please help!

Thanks!

[TenantNet]

Are you being overcharged? How do you know? How do you figure $6800? A little more detail please.

[super tenant]

I rented an apartment for $2100/mo. that was still under "construction." The apartment ad stated laundry, video intercom security, elevator, roof deck, etc. None of the items was provided, including cooking gas -- meaning no cooking gas. The LL said no rent would be charged until the building was in full running order. He also provided a rider to the lease to that effect.

I decided after 2 weeks of people coming and going from my apartment and traumatizing my dog, that the place wouldn't work out. And the fact that it was actually a 4th floor walk-up while I was there. They finally got the elevator running after 3 weeks! So, I gave notice. LL also stated and wrote in emails that 30 days notice is sufficient and in my case, I let him know I was leaving by the end of the month. He emailed that he would refund all monies.

All in all, I paid first, last and security ($6300). When I moved in, his workers were doing work on the hallways and he immediately offered to pay my movers "waiting" fees. The movers were $150/hr and the waiting time was 3 1/2 hours ($525) which was clearly spelled out in the receipt that I faxed to the LL.

LL is attempting to nickel and dime me to death. He offered $6400 and I refused.

In the end, LL owes me $6825. Where do I file?

[TenantNet]

If you're no longer in possession, then Housing Court is not an option. If you still lived there, you can counterclaim against the LL claim of non-payment. That presumes you withheld some rent.

However it sounds in your case that the LL sold you a bill of goods that he didn't deliver and that you vacated for the LL's breach of lease. It's much easier to go to small claims, but if not, then your option is to go to civil or supreme court. Both courts can get expensive and it's advisable to have a lawyer.

[super tenant]

Is 5K the limit on small claims?

[NYHawk]

Yes, Google is a friend.

[TenantNet]

I like Google too. The idea is that one has a choice of going to small claims and be limited by the $5,000 limit, or go to Civil or Supreme and going for $6,800. While it's possible for anyone to go to court pro se in any court, in reality unless you really know what you;re doing, you would want a lawyer in Civil or Supreme Court. That would eat-up the difference between the 5000 and 6,800. One might get by easier in small claims even though the returns are lesss. It's a judgment call.

[cestmoi123]

Honest opinion: take the $6400. The effort required (getting a lawyer, suing, etc.) to get the additional $400 just isn't worth it, even if you get your cash costs repaid, which is not a certainty.

[super tenant]

Thanks for all the responses. I have been in LL/Tenant court and prevailed. I also worked as a paralegal for several years and feel comfortable in court.

What it boils down to is that I expended a lot of time and energy through emails, phone calls, etc. with the LL and I don't appreciate his nickle and diming everything. It's very clear through documentation that I am in the right. And, he needs to do the right thing. He owns several buildings in Manhattan and isn't starving for rental income.

I did some researching today, and I believe if I file in Civil Court it will go through a mediation/arbitration first before it goes to a judge. I also think it will "light a fire" underneath him to return my funds.

Any suggestions?