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idacarlini · Aug 14, 2006, 04:09 AM

I rented more than half of my apt. which incl the kitchen to someone and charged her $1000. A month as my apt. is rent control I pay only $1100. I also paid for the electric bill. We had agreed on the price prior to her moving in as rents in nyc start at $1500 for an efficiency. She now is suing me for $6000 as she found out what I was paying when she opened my mail. I have lived in this apt for over 15 yrs. Does she have a case.

Cvillecpm · Aug 14, 2006, 06:00 AM

Probably - you need to have an attorney familiar with NYC rent control ordinance review any lease agreement you have with her.

idacarlini · Aug 14, 2006, 06:16 AM

Thanks For Your Answer But It Is A Practice In Nyc To Rent Out Part Of Your Apt To Make Ends Meet. My Electric Bill Is High And She Has Full Use Of My Kitchen Of Which I Do Not Use. She Never Gave Me Security Dep. And Left Without Giving Me Notice. She Is Not On The Lease. She Was Paying $1500 For An Efficiency Plus Electric Before She Found Me. I Do Not Scam Anyone And Had No Intention.. this Was Strictly A Agreement When She Rented From Me.
Yes, I Will Call A Lawyer... thanks... for The Insult

excon · Aug 14, 2006, 07:15 AM

Hello ida:

I suppose it will come down to just WHO is the one controlled by the "rent control" law. In my opinion, it is the landlord, not the tenant. Besides, you're not charging her MORE than the law allows, and I'm certain that the law DOESN'T dictate how rent is to be split.

Therefore, I think you'll win. But, it is a good idea to hire a lawyer, in case I'm full of it.

excon

ScottGem · Aug 14, 2006, 07:27 AM

There are couple of issues here that haven't been mentioned. First, does the lease permit or prohibit sublets? If it doesn't you may be in trouble. If it does you should be OK. Second, you say she found out what you were paying when she opened your mail. That is a violation of Federal law, probably a more serious violation. You also don't mention whether you have a signed agreement.

As excon points out her case hinges on one issue. Whether you are subject to the limitation of rent control. Your defense has several strong points. One, you did not charge her more than the total rent for the apt. Two, whether you had a right to sublet. Three, that she violated federal law in opening your mail.

Unless you were not allowed to sublet or take in roommates, you seem to have done nothing wrong. This seems to be a case of buyer's remorse which usually fails.

idacarlini · Aug 14, 2006, 08:17 AM

Thanks So Much For All Your Answers It Really Helped And Yes I Can Sublet And Have Roomates And She Did Sign A Paper Stating She Would Pay That Amount. She Also Had People Staying With Her And Yes I Will Go To Court And Fight This. Thanks Again

bhayne · Aug 21, 2006, 01:28 PM

Because you're living in the same place, opening each other's mail can be accidentally. There is no case there.

I sure would be unhappy if you pulled that on me! Half the rent and half the utilities is fair. That is what she'll get when she sues you!

idacarlini · Aug 21, 2006, 03:02 PM

I Would Like To Thank You For Your Responses... I Was Told She Had To Give Me Notice Before She Left And She Had Signed An Agreement To Pay That Amount... I Was Also Told She Has Sued People Before And They Have Settled Before Going To Court... and The Ones That Went To Court She Lost... so She Has Been Scamming People With Rent Issues For A Long Time... I Am Going To Court.. I Am Sure She Will Not Show Up...

ScottGem · Aug 21, 2006, 03:47 PM

Originally Posted by bhayne

Because you're living in the same place, opening each other's mail can be accidentally. There is no case there.

I sure would be unhappy if you pulled that on me!! Half the rent and half the utilities is fair. That is what she'll get when she sues you!

Yes it could be considered accidental, but, its still illegal and could be prosecuted.