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Re: OK so now ...

Posted by Cranky Tenant on February 22, 2002 at 17:23:05:

In Reply to: OK so now ... posted by Angela on February 22, 2002 at 15:07:29:

Rent Stabilized leases are for 1 and 2 years. So if your roomates's lease is for 18 months, it probably isn't stabilized, or he may have subletted it from someone else.

The only way to have him evicted would be if the LL or Management Company took him to court... and it could be a year or more before any decision was made.

: OK obviously the easiest thing here is to move out and get away from this person. I am not sure if the rent is stabilized. I'll assume it is - since the lease period was 18 months. but i'm not sure.
: Can't I just bring the forged documents and my rent cheque copies to the management company to get him evicted? How long does an eviction take?
: ----------------
: : is this a rent stabilized apartment? This has lots of bearing on the roommate overcharge issue. If it isn't regulated, he can charge you as much as you're willing to pay. If it is regulated, the new rules come into play.

: : As far as taking over the apartment yourself, that largely depends on the landlord. Assuming it is regulated, with your cooperation, the LL could possibly have him evicted (assuming some of the current legal decisions stand. No one has yet actually been evicted for this. It's still bouncing around the courts, and there are challenges from other directions). Then, if the LL wants to, he could give the apartment to you, or not, at his option.

: : If you're serious, find a lawyer to negotiate with the LL for you and work out an agreement to give you the apartment beforehand.

: : In point of fact, you may be better off finding somewhere else to rent a room. This would be a long nasty fight between your roommate and the LL, and you would be right in the middle of it, living with the guy. Unless the apartment is a really good deal, it probably isn't worth it.

: :
: : ------------------------------------

: :
: : : no i'm not on the lease - but yes - that's exactly what he did.
: : : The price is somewhat in line - but the ratio in the apartment is not. His area is twice the size and mine is a crawl space I can't even stand up in. Since he found the place i figured 1/2 was reasonable for me. But for me to pay an extra $200 for him to live like a king with 14 foot ceilings and me like a def. an overcharge issue.

: : : But I do have both copies of the lease - the doctored one and the original. Ideally I want us to work it out. But if we can't come to an agreement - I'm planning on moving out - and then notifying the housing board to make sure he gets evicted. ha.

: : : : Or did he doctor a copy just to show you, in order to justify what he was asking for rent? Do you have the doctored version?

: : : : In any case, given the housing situation in NYC, I think you need to deal with this from a logical standpoint. Is the rent you're paying in line with the space your getting? Could you go out and find a better, or even equivalent deal? If you can't, deal with your roomate and stay put.

: : : : : I spoke to a lawyer about it - and the main issue is that it is now a new law and the bigger picture here is that he forged a legal document. I know to some people it seems petty - but I trusted this person - and he went out of his way to lie cheat and steal from me. This new law can protect others from this happening again and becoming "acceptable".

: : : : : : I answered an earlier post about roommate rent distribution. This is pretty applicable to you.

: : : : : : Also, unless you have anything in writing about how the rent would be shared, you're probably out of luck in getting any money back from the prime tenant. FWIW I know people who take in roommates, and charge the roommate enough to pay the whole rent, so your paying $100 more then your roommate is not particularly egregious.

: : : : : : : My roommate told me that I would be paying 50% of the rent . I agreed to 50% as long as a got a copy of the lease. I paid 1st, last and a security dep. Then 3 months later I found a letter from our landlord - an invoice for upcoming rent which was $200 CHEAPER than what the shady roommate had told me. I went to the management office - and they gave me copies of the ACTUAL lease - and it turns out he doctored all the numbers thinking he could rip me off an extra $100 a month and have me pay $200 MORE in rent even though he has the bigger space.

: : : : : : : Granted - its his name on the lease. But what he did is fraudulent and illegal. What sort of action should I proceed with? I've already confronted him and he feels justified with what he did saying that "everyone does it". I think its wrong - and he even told me if I move out he'll profit even more from the next person. How do I stop this crook?

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