Problem w/ Broker/Landlord

[tdriggs]

I've been subletting a stabilized apt for the past 3 1/2 years. The broker for the building (who is married to the prime tenant) called me around August 15th and gave me two weeks to get out. Then I was told that the landlord would give me the lease at the 18% increase. Then for two weeks I couldn't reach the broker to get a time to sign the lease, and when he finally contacts me on Sept 1st, he says he wants a $1,400 broker fee. I already paid him $2,000 when I moved in 3 years ago. When I tried to negotiate down, he called me back and said that he would now need a guarantor (even though I've paid my rent on time for the past 3 years). I got him the guarantor and the info he needed. Now I haven't been able to reach him on the phone again - and he's not returning my calls. It has been 6 weeks since this began, and I did not pay my rent on Sept 1st since I planned on signing a lease and would give them certified checks at that time. The mgmt company won't take my check since I don't have a lease yet, and I'm afraid the LL will think I'm just flaking on my rent and start eviction proceedings - as I'm not sure how much the broker has relayed to him - or if the broker is even planning on writing up the lease now. I still want to sign the lease and I'm unsure how to proceed at this point. Any advice would be great. Thank you.

<small>[ September 26, 2002, 05:44 PM: Message edited by: TDiddy ]</small>

[Mr Gray]

I think I talked to you on the phone about this!

I would try and contact the management company directly saying the broker hasn't contacted you about this and see what they say.

Be very cool about this and say to have the broker contact you so it doesn't seem like you're trying to go behind his back especially if the management company and the broker are close together.

If that doesn't do anything...be incredibly sweet and tell the broker you'll pay him the fee but you don't have all the money right now. You have to pay 1st and Security and bills, etc. Give him a sob story. Do whatever to get a signed lease with the LL's signature. Promise him at the end of the month, whatever.

If things don't look like they're going to work out at all, you have 2 choices.

Either pay the broker that fee to get it all done with. If you were really moving after 3 years you probably wouldn't get a RS apt. for that kind of fee anyway. See if he'll take $1000, whatever.

OR

Fight everybody. lol Report the broker to (Better Business Bureau? not sure of the name...someone will know here).

AND/OR Get a lawyer to file for illusary tenancy...meaning the primary tenant has been illegally subletting the apartment and you have the right to live there. If they have been overcharging you...you're entitled to back rent x's 3 plus lawyer's fees. (Hope you kept all your paperwork, rent checks, etc.)

AND/OR Stop paying rent to her altogether...the LL will start eviction proceedings (which doesn't hurt you since you don't have a lease)...that'll take 3 to 6 months while you look for a new place.

Good luck.

[tdriggs]

Thanks for the advice Mr. Gray!

I have already resigned myself to the fact that I will have to pay the $1,400 broker fee, and have jumped through the broker's "hoops" as far as getting a guarantor. I've called him so many times and he never returns my calls. I haven't paid my rent, so I'm a little nervous about that. But there's no place for me to send my rent, so what to do! I'll call the management company again and see if they might be able to pursuade him to call me - although they have already told me that to them "I don't exist". Should I send him a registered or certified letter (w/ a copy to the management company) asking about the lease? Or do you think that would work against me?

[Mr Gray]

I don't think a letter is going to do anything, IMO.

You may have to track him down somehow if you are willing to settle this.

Have you tried talking to his wife (the one your subletting from)? Relay the message through her.

Maybe go to his office for a face-to-face. Does he work out of a real estate establishment?

I wouldn't give him any money until you have leases signed though. I don't trust this character.

Not much help, I know.

[palmel4]

Not sure if I understand this right, but if you are subletting, if you don't pay rent, won't the prime tenant get evicted, not you?
And if that's the case, if the apartment is rent stablized, you will have six months to look for another apartment.
I agree with Mr. Gray,
I would not pay a penny to this broker until you get the lease. Since he's not returning your phone calls, I would try sending a letter with a cc to the management company. Maybe it'll scare the broker into action. Or you can try the face to face approach as well.
If you are worried about being evicted because you haven't paid rent, save your rent checks. When they take you to court, show the judge you have the checks, but that the management company refused to accept them.
I wouldn't loose any sleep about that though. To evict you they HAVE to take you to court. As long as you save your checks every month, and show them to the judge, you are safe.
Best of luck.
I know it's a hassle, but maybe you should try and just get another place. It doesn't sound like it's worth all this trouble in the end.