Posted by consigliere on February 08, 2002 at 02:09:25:
In Reply to: Roommate horror story posted by vexed and perplexed on February 06, 2002 at 21:12:03:
You could also go on the offensive against the roommate and the landlord.
The roommate owes you two months' rent, and you might be entitled to a rent abatement from the landlord, especially because of the bathroom ceiling.
You might want to consult a lawyer. Going directly to small claims court against the roommate for two months' rent might not be a good idea. You might want to use discovery and inspection to see if the roommate made any withdrawls from her checking account to make the alleged cash payments, and discovery and inspection aren't available in small claims court. A lawyer might suggest that you sue the roommate in Civil Court, or even Supreme Court, for the two months' rent and for abuse of process, for filing a false overcharge case with DHCR.
: Last summer I had a a person move in with me-she lived here for 3 months. During that time the building owner was conducting a building wide re-wiring, including my apartment. Then the bathroom ceiling caved in. This roommate paid for the first month she was here, an amount that was half of what my rent is, then refused to pay any more and subjected me to a reign of terror. Refused to pay, informed me that she could stay here and not pay, that if I hasseled her she would call the police. I was real miserable for 2 months. By this time she had lived here for 2 1/2 months. I finally gave her a 30 day notice which stated she should move out in 30 days or I would take her to court. Then the owners workers set upon my apartment making their plumbing and electricity improvements. I didn't have to resort to court, she literally fled, moved out. She moved out after exactly 3 months. Now I have received a rent overcharge complaint from the Department of Housing and Community Renewal stating that she paid me 4 months rent, and an amount of rent that was far in excess of the rental agreement. As her proof, she gave them forged receipts.They can't be real because she didn't pay, except for 1 month. The handwriting doesn't even look like mine. The Department of Housing and Community Renewal is taking her complaint very seriously.
: I answered the D.H.C.R that the receipts are forgeries because she never paid me, except for the 1 month. What to do? The D.H.C.R. tells me I will have to hire and handwriting expert to prove the writing is not mine.
: Now what should I do? I thought I did everything right.Do I need to hire a lawyer?
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