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How much for damages (lockout, charged for lock)

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How much for damages (lockout, charged for lock)

Postby bigsqueaks » Fri Jan 25, 2008 8:27 pm

Hello,

I planned on terminating my tenancy in a house shared with my landlord. I had paid first and last months rent as she requested when moving in, and then paid no more when the 2nd month came, making that the final month.

I was illegally evicted because she changed the lock in the middle of the final month. She gave me a rent refund but deducted for the lock and dry cleaning a bed spread.

I plan to file in small claims, can I seek triple damages according to the RPAPL? The most insulting thing to me is charging me for the lock. Can I include a full 1/2 months rent as damage, not just the deductions (lock+bed spread)? Can I also include the small claims filing fee? So can I claim damage for 1.5 months rent + 3 times the filing fee? Does it matter, can I just ask for this in damages and the judge will reduce it if I can't seek these damage amounts?

Thanks
bigsqueaks
 
Posts: 2
Joined: Fri Jan 25, 2008 7:56 pm

The long version

Postby bigsqueaks » Fri Jan 25, 2008 8:33 pm

Here is the rest of the story.

I receive a letter in the middle of the final month where she required me to leave 1 week before the end of the month because she needed 1 week's worth of rent for security.

A couple days she confronted me and told me I had 2 hours to leave. I told her I did not have to leave until the end of that month, but that I would consider it if she would refund half a months rent.

I did not feel safe for myself or my belongings, so I moved my belongings out to another house I had been looking at moving into, basically being forced to accept tenancy there.

That day called and left a message and sent an e-mail to the LL about refunding my rent and returning the key. I was not going to return the key until I had a refund.

That evening, I returned to the house to do my laundry. But, I did not feel safe sleeping there.

The next day I receive a call from her that she had already changed the locks and I would be charged for it. Then she hung up.

I go to the police station after her call and report that she owes me half a months rent and that I was kicked out. I got this on a police report. The police call her and negotiate a day a few days later that there will be a check in her mailbox without any amounts deducted.

I go at the agreed time and find a check and a note detailing a deduction for the lock and for dry cleaning a bed spread.

I send her an e-mail telling her this is unacceptable. She did not allow me to return the key and I could not enter the house to clean the bed spread.
bigsqueaks
 
Posts: 2
Joined: Fri Jan 25, 2008 7:56 pm


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