sublet in NY issue - advice please!

[svista08]

NY

My case:

I saw a sublet listing at my work place and arranged to meet the person to see the room. I wrote her a check and later realized it was an illegal sublet. I helped her find a new tenant, and she accepted. She told me she would return my money or otherwise write me a new check. However, on August 20th, $1000 was withdrawn from my bank account because she deposited the check. When I found out, I contacted her to return my money, but she has not responded. The management company of the apartment said that not only did they not give permission to sublet the room, but the room didn't even belong to her. I've incurred loss of time from work, school, and personal activities. Because I was tight on cash, I incurred higher credit card finance charges, and had to pay for housing for the rest of the month at a daily rate. I was unable to finish my laster internship project, and I took a leave of absence this quarter from school, one reason was to be in NYC so I can pursue this issue. She also made threats to bring this issue to my manager because I no longer wanted the illegal room, intending to frighten me and to cause me emotional distress, and gave me a lot of headache over this situation.

Also, I need to find her address, I know she goes to a certain school. Is there anything wrong with contacting her friends on facebook and politely asking them if they can give me her address because I need to send this person something? I will not mention anything about a lawsuit, just that it's important that I have her address.

 

[BL]

You sue for your actual cost . Court cost are usually added , but make sure on the form you fill out .

You sue because it was an illegal sublet ( get proof ) and a new tenant was found .

Why would you find a new tenant though , if it were an illegal sublet ?

You find her address anyway you can .

 

[svista08]

Can I sue for the loss of time?
If I can prove that I took a leave of absence from school, that my credit card bills were higher, that I had to pay a high daily rate for housing because my bank account did not have enough cash, etc. will that work? I lost a lot of time due to her ad, shouldn't she pay for that?

Also, I found a new tenant for her so that I could have a good reason to just disappear, otherwise she might get even angrier that I was leaving the room.

 

[BL]

Were you already in the room living , then left ?

 

[svista08]

No, this happened in the span of a day.
I saw the room approximately noon, I realized shortly after that it was an illegal sublet, about 3-4 hours later I told her she can let someone else take the room. That evening, I found her a new tenant. I never lived in it, and have witnesses on where I actually lived.

 

[svista08]

She offered $400 (because the other guy paid me $600 which I returned immediately after finding out she had a problem with this). I told her I refunded the money and then she offered $1000 (although I don't see how whether or not I refunded the guy's money affects whether she should refund mine), but I said the costs I incurred exceed that.

Can someone advise me on exactly what I can sue for?

I was tight on cash at the time and had to pay a daily housing rate for over a week. $50/day for 10 days for example. If I had enough cash I'm sure I could have found a room at $1200/month or less. I also had credit card finance charges - I usually try to pay these off asap. If I had another $1000, these charges would have been less.

She also made it difficult to contact her, ignoring my messages. I was forced to keep trying and ask for help from the apartment management company. I spent about $20 in faxes, printing costs, etc.

Also, I would not have even gone to see the room if I knew it wasn't in good condition.

Thanks

 

[BL]

Why did you edit your first post .

Let's cut to the chase .

How much did you pay for the rental , and how much are they offering you in return ?

 

[svista08]

I edited because I added some more information.

I paid $1000, incurred other costs, she offered $1000, which I did not agree to.
Why should she not have to compensate me for the costs and all the headache I went through caused by her illegal sublet? she didn't even own the room.

 

[BL]

I edited because I added some more information.

I paid $1000, incurred other costs, she offered $1000, which I did not agree to.
Why should she not have to compensate me for the costs and all the headache I went through caused by her illegal sublet? she didn't even own the room.

My advice is to take the money and move on ?

A Judge will get a little T'd for your nitpicking and carrying on , and will not award you for all your inconveniences .

Make sure the money is good , like (4) $250.00 US Postal money orders .

If she wasn't allowed to rent it out , why didn't you contact the authorities for theft ?

Why did you become a participant in re-renting an Apt. to the same person ?

It just doesn't sound very good , and won't in court either .

 

[svista08]

I didn't want her to know that I knew the room was illegal, I wanted to settle it amicably with her and rented it out to another person so I could tell her I helped her find someone else. We worked at the same place that summer, we work in the same industry, and who knows maybe in the future we will see each other again so I thought it would be best to try to stay on good terms, but that didn't work. I told her I didn't want the room because it was unclean and unsafe (which was true), but I didn't want to say in front of her I knew your room is illegal and that's why I didn't want it. I even told her if she wanted to keep my money she could, thinking that this would resolve it amicably, but it didn't, and then changed my mind about wanting her to keep the money. Otherwise I'd have to meet with her again to sort it out and I just wanted it to be over. I thought she'd be okay with it, and she did accept the new tenant despite being upset (in fact she called him up immediately, I think saying it's okay if he stays there before calling me back). When she called me back she threatened to report people about me, and talk to my manager at work, which made me anxious.

What's T'd? Which of my inconveniences do you think I will be awarded on? I can throw out the ones that won't hold up, but I do think she caused me at least some inconvenience that I'd like her to cover. At least the ones that are easy to prove, like credit card charges, higher housing prices, those I can include?

And I did waste time due to the false advertising that I wouldn't have otherwise - but can I claim time as costs? I thought I could but if not I can throw this out. But I wanted to know if I can.

I stopped by the police department in NYC, they told me it's more of a civil matter that I need to bring to small claims court. I asked them, isn't it theft since she didn't own the room? They said yes, but it's not like other kinds of theft, since I gave her the check for the apartment, and it wasn't like she broke into my house or stole anything.

 

[BL]

I even told her if she wanted to keep my money she could, thinking that this would resolve it amicably, but it didn't, and then changed my mind about wanting her to keep the money.

And now your griping about all the money you had to spend on rentals , etc. , etc., etc.

Take the money and move on .

T'd means the court will be ticked off at your ranting , and cut to the chase itself .

 

[svista08]

I mean I would have wanted her to keep the money if that had led to an amicable resolution, but it didn't. We argued, and she finally said she'd return my money or otherwise write me a new check. I contacted her many times after finding out she deposited my check, and she still hasn't returned my money. I already returned the other guy's money as soon as I was able to (August 15th, it was done on PayPal and the date can be confirmed), before the $1000 was withdrawn from my account on August 20th, so on August 15th the $1000 didn't even happen it.

Can I get the other costs back if I pursue them in court? At least, for the finance charges and the higher housing costs? So like $1500? And what about the time that I spent looking at the apartment, etc.? I took time off work to see the apartment (we worked at the same place and she knows this), and had to stay later for work, etc. I spent a lot of time trying to contact hers, hours. Can time be claimed as costs?

 

[svista08]

Also, I was wondering, if I sue for a certain amount, and only part of that amount is justified, do I completely lose the lawsuit? Or do I "win", but am awarded only what is justified? Like, if I sue for $2000, can the judge award only $1500 for me? Can the defendant counter sue for anything if I sue for too much?

Thanks for your responses btw! I am new to lawsuits and I'm not sure what I can and can not sue for.

 

[svista08]

in small claims, can you sue for more than 1 count? not sure if that's only for civil court or not

 

[BL]

It is wise to settle .

If you go to small claims court .

- Have all your documentation ( proofs ) with you an in order of timeliness , and present your FACTS in testimony to the courts .
- Be courteous , brief , and to the point .


- Do not ramble on .

- Don't disrespect the court . Address the Judge as Judge or your honor.

- Speak loud enough to be heard .

- If the Judge interrupts , do not talk until you're ask , or told to proceed .

- Do not interrupt - you will get your chance to speak , and possibly get a chance to ask the other party questions .

Start reading .


A Guide Small Claims Court


A Guide to Small Claims Court

Town & Village Courts

TenantNet - New York Small Claims Court