Dealing with the ex...(roommate)

[karch66]

Hi,

A few months ago, I wrote the Forum seeking advice on how to deal with my dishonest (ex-) roommate. I have moved out (at the end of November), and I am now in a better place in life...

Now - I am ready to deal with this indecent human being. I have the DHCR rental history on the apartment...have all the receipts from me paying for rent during my stay at "Hotel del Hell"...and I am not interested in coming to any kind of settlement (I have already sought legal counsel)...

I have some questions. Any help is greatly appreciated:

1) Am I regarded as a roommate, or a sub-tenant?
2) Do I contact the LL and/or ex-roomie about my intended legal action (and what will be result of these actions)?
3) Is there a way to approach my ex-roomie about settling before court?
4) Will the court uncover prior infractions by this cheating tenant?
5) Who to file the complaint with? The DHCR or Small Claims?

I really only want what's fair. Once again, any help is greatly appreciated.

[HAJ77]

I would suggest allowing your attorney to handle all contact with your former roommate or the LL, the last thing you want to do is make a legal mis-step that costs you the case. That includes any out of court settlements, yes I know the attorney will get a sizable cut, but that's better than nothing.

As far as I know, you would be considered a roommate, unless the former roommate never lived in the apartment.

[karch66]

Also - can anyone cite a case where the LL evicted the tenant for overcharge?