Moving out from rent stabilized apartment

[karch66]

Hi All,

I gave my roommate notice last month that I would be moving out at the end of November. Today is November 1st, and he is demanding the last month's rent TODAY (he already has a one month deposit from me). He said to me that if I didn't get him the money by the end of this week that he would change the locks (and effectively evict me on the spot). Can he do that?

Also -- he has been charging me what I suspect is ALL the rent for this DHCR-verified rent stabilized apartment. From what I can get from the Rent Code, this is illegal. To put it bluntly...can I sue him?

[HAJ77]

To start, if he changes the locks that is an illegal eviction and you should contact the police. Don't do anything, just go outside or to a friends and call the local precinct, explain the situation and be escorted back to your apartment by a few of New York's Finest.

Here is a link that should be helpfulIllegal Evictions

As for overcharge, if it is true, not only can you collect money, but the LL will probably move to evict the prime tenant based on DHCR overcharge laws. If you have already gotten the rental history for that apartment from DHCR, and know for a fact that you're being overcharged, consider hiring an attorney. Yes, it will cost you, but in the end it will cost him far more. Plus, most attorneys will do a 45-minute consultation for a small fee (less than $50) that should explore your options.

[karch66]

Thank you for the valuable information. I just spoke to my roommate, and he is stating that he can "do whatever it takes to secure himself and his possessions, if he feels threatened". He also stated that I am NOT in fact a roommate, but a "guest" (with no rights at all). Can he say and do that? (The LL knows about my living in this apartment...)

Oh...another point -- my roommate stated that all his former "roommates" were ALL not roommates, but "guests". I'm sure this means that he's been overcharging everyone for a long time.

[subcriminal]

"guests" do not pay rent. I suggest you get copies of rent checks he's cashed. Accepting rent from you establishes a tenant/LL relationship.

[Phil Cohen]

The key thing here is getting the rent history. Call the DHCR ASAP for one, and then watch the mail for it--it may be mailed to your roommate. Those things are hard to get if you are not the tenant. Your idiot roommate is going to be in a lot of trouble. Keep careful records and prepare to cash in down the road.

[ceo4]

This is similar to what happened to me, as far as the roommate overcharging in a rent stabilized apartment...my question is if it is possible to sue through small claims court, and thus not have to hire a lawyer?

[mjr203]

Originally posted by ceo4:
This is similar to what happened to me, as far as the roommate overcharging in a rent stabilized apartment...my question is if it is possible to sue through small claims court, and thus not have to hire a lawyer?

sure it's possible but you can only sue for up to 3000 bucks and if an overcharge is willfull you may be entitled to 3x damages (ie. 2000 overcharge x 3 = $6000). of course getting that $ is a different story as you'd either have to go thru DHCR (which I am for mine but it is damn slow) or get a lawyer for civil court -- but not worth it for $6000.

-POINTER