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Evict a roommate who is making money on rent?

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O

orangedrop

Guest
This is an interesting situation...long but worth the read...

I live in New York city in a 3BR apartment. The rent is $2000/month.

A lady has been living in the apartment (but renting) for almost 10 years. She rented me one bedroom and rented a young couple the remaining bedroom.

Additionally, there is a 5th person staying temporarily for the month in a loft bed in a spare room.

I am paying $800/month in rent and recently learned that the couple is paying $1100/month in rent. I also learned that the 5th guest is paying several hundred dollars in rent...which means that the lady who rented us the place is paying nothing!

On top of all of this, the lady lied and told us that the rent had been divided equally between all long-term tenants (i.e. lady, me and couple).

We (the couple and I) confronted her about this and explained that we did not think it was fair that we were paying nearly all of the rent while she paid next to nothing.

She explained that she believes that she should pay less because she "maintains" the apartment by repairing leaks, toilets, painting, etc...and that the money she makes from our rent gets put back into the apt.

She also felt that this confrontation had caused her "much undue mental anguish" and consequently decided to kick the couple out at the end of the month for complaining!

Note: This lady does not own this apt. She rents it from a landlord!

Additionally, when the couple and I paid the lady our first months rent, she pocketed our deposits and did not put them in an interest-bearing account.

Lastly, the lady had told the couple a litany of horrific lies about me (i.e. I am an alcoholic; I am verbally abusive; I am sexually promiscuous; etc) and told them not to discuss their rent with me. I presume she slandered my character in an attempt to dissuade them from trusting me. Regardless, I am hurt and disgusted. She told the same lies to the 5th guest.

The couple and I (and guest) all get along famously and would love to evict the lady and keep the place ourselves!

So...what legal courses of action are available to me and the couple?

• Is it legal to make money off of other roommates rent? I'm sure the landlord is not receiving the over-payment!

• Is it legal to take someone's deposit and not put it into an interest-bearing account

• Is it legal to charge us more than she is paying?

• Do we have any legal right to evict the lady from the apt?

• Do I have any grounds for suing her for "defamation of character?" Not that I'm inclined to do so, but I'd like to know if that is a viable option.

Any advice you can provide would be much appreciated!

Thanks in advance :)
 


HomeGuru

Senior Member
orangedrop said:
This is an interesting situation...long but worth the read...

I live in New York city in a 3BR apartment. The rent is $2000/month.

A lady has been living in the apartment (but renting) for almost 10 years. She rented me one bedroom and rented a young couple the remaining bedroom.

Additionally, there is a 5th person staying temporarily for the month in a loft bed in a spare room.

I am paying $800/month in rent and recently learned that the couple is paying $1100/month in rent. I also learned that the 5th guest is paying several hundred dollars in rent...which means that the lady who rented us the place is paying nothing!

**A: welcome to America.
*******
On top of all of this, the lady lied and told us that the rent had been divided equally between all long-term tenants (i.e. lady, me and couple).

**A: see above.
******

We (the couple and I) confronted her about this and explained that we did not think it was fair that we were paying nearly all of the rent while she paid next to nothing.

She explained that she believes that she should pay less because she "maintains" the apartment by repairing leaks, toilets, painting, etc...and that the money she makes from our rent gets put back into the apt.

She also felt that this confrontation had caused her "much undue mental anguish" and consequently decided to kick the couple out at the end of the month for complaining!

**A: see above.
********

Note: This lady does not own this apt. She rents it from a landlord!

**A: see above.
********

Additionally, when the couple and I paid the lady our first months rent, she pocketed our deposits and did not put them in an interest-bearing account.

**A: see above. Illegal.
********

Lastly, the lady had told the couple a litany of horrific lies about me (i.e. I am an alcoholic; I am verbally abusive; I am sexually promiscuous; etc) and told them not to discuss their rent with me. I presume she slandered my character in an attempt to dissuade them from trusting me. Regardless, I am hurt and disgusted. She told the same lies to the 5th guest.

The couple and I (and guest) all get along famously and would love to evict the lady and keep the place ourselves!

So...what legal courses of action are available to me and the couple?

• Is it legal to make money off of other roommates rent? I'm sure the landlord is not receiving the over-payment!

**A: yes and it is none of your buisiness.
*******

• Is it legal to take someone's deposit and not put it into an interest-bearing account

**A: see above. Question responded to.
********

• Is it legal to charge us more than she is paying?

**A: yes. How do you think retailers make a living?
******

• Do we have any legal right to evict the lady from the apt?

**A: Of course not. You are not the property owner or managing agent.
*******

• Do I have any grounds for suing her for "defamation of character?" Not that I'm inclined to do so, but I'd like to know if that is a viable option.

**A: yes, sue her for $2000 a month rent.
******

Any advice you can provide would be much appreciated!

Thanks in advance :)
**A: Hey, glad to help.
 
O

orangedrop

Guest
Thanks HomeGuru.

I had a feeling most of our concerns were simply unfair and not illegal. That is frustrating.

One point I question is: how is it that this lady is in a position to dictate the apartment's rent distribution? Just because she was there first, does that mean she gets to decide who will live there and how much they will pay? Shouldn't that be the landlord's responsibility?

Also, if it is illegal for her to take our deposit and not place it in an interest-bearing account, then what can we do to rectify this?

Thanks.

p.s. dequeendistress: thanks for the links! I'm reviewing now.
 

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