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Rented a place for the season in NY, having big problems

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bmb123

New member
What is the name of your state? NY

Hi,

I rented a furnished vacation property for the winter season for $10,000 plus a $2000 security deposit. I made the mistake of paying everything upfront. The weekend I went up I noticed a TV was missing in the basement that was there when I first looked at the property. Also the landlord just shows up and starts taking hay out of the barn.

After that weekend I wrote him an email that essentially said he needs to give reasonable notice before showing up. He responded saying that he was not going to do that, he was going to show up whenever he wanted, and that he reserves the right to keep his horses on the property and tend to them (Nothing about coming on the property or keeping horses there was in the contract.) Of course I told him this was not ok. He then calls and tells me he does not think this is going to work out and he would refund me in full as long as my stuff is out by the following weekend. After that he changes it to keeping my deposit along with one months rent.

He was having issues boarding his horses and after that happened it seemed like he just wanted to make the place unliveable. In addition to this it was in the contract that I got the driveway plowed for the season which I made arrangements to do. The contract was between myself and the plower and was non refundable. The plower refused to plow the driveway after I left because apparently my landlord owes him money for some work he did last year.

The $4500 owed is more than the $3000 allowed in small claims. I was curious if I could sue twice. Once for the one month rent taken, and once for the deposit. Also curious if I could sue for the lost money from plowing, but somehow I doubt that. I would love to take on a lawyer for this issue but was told that no attorney would work on a $4500 case.
 


adjusterjack

Senior Member
The $4500 owed is more than the $3000 allowed in small claims. I was curious if I could sue twice. Once for the one month rent taken, and once for the deposit.
No, sorry, it's just one lawsuit. You are apparently in a "town or village" where the limit is $3000.

Also curious if I could sue for the lost money from plowing
I would think yes. You could sue for indemnification since your loss was caused by your landlord's breach. Moot, though, since it would have to be included in the $3000 limit.

I would love to take on a lawyer for this issue but was told that no attorney would work on a $4500 case.
Told by who? Any attorney would work on a $4500 case. Just not for free. You would probably pay thousands in attorney fees (that you don't get back unless there is an attorney fee provision in your contract) to sue for the full amount in regular court.
 

not2cleverRed

Obvious Observer
He was having issues boarding his horses and after that happened it seemed like he just wanted to make the place unliveable. In addition to this it was in the contract that I got the driveway plowed for the season which I made arrangements to do. The contract was between myself and the plower and was non refundable. The plower refused to plow the driveway after I left because apparently my landlord owes him money for some work he did last year.

The $4500 owed is more than the $3000 allowed in small claims. I was curious if I could sue twice. Once for the one month rent taken, and once for the deposit. Also curious if I could sue for the lost money from plowing, but somehow I doubt that. I would love to take on a lawyer for this issue but was told that no attorney would work on a $4500 case.
If the contract for plowing is between you and the plower, and you have paid the nonrefundable cost, what does it matter what beef the plower had with the LL last winter?! Tell the plow guy that if your money isn't green enough for this winter, he should give you a partial refund. I'm assuming the property is upstate?
 

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