[valnyc]

From Astoria, NY
Hello,
Sorry, this is a little long but I have to explain.
My roommate is the only person on the lease (hereby defined as "she"). Two of us moved in later and she lived with her friend in a newly rented apt when we found out she is, beyond any doubt, seriously overcharging us for rent. She and her friendo do not have to pay anything or pay a very small amount. Because her name is on the lease, she pays the rent, I/we give the money to her. I asked her how much the rent is on numerous occasions but she refuses to tell me. So I ask the landlord/owner of the property and he tells me she asked him not to tell any of the roommates what the rent was (obvious scam intention there). But the landlord give me an idea of what it is not by telling me how much the rent is but of what "would be right" to pay per person/per room, dividing fairly. In that case the rent would be around 1.600/1.700 tops. I know, for a fact, that in December the collected rent was of 2.050 with neither one of them (the 2 scammers) having paid a penny. According to them, they should have paid 1.500 combined (2 rooms) and I donñt even know what that means. I´m lost in the middle of a huge scam. Or is this a criminal fraud? I know we paid, they are knowingly and willfully overcharging us, and paying their rent with our money and keeping the change – some several hundred dollars, at that, perhaps $450 or $350! Bottom line, I´m not talking about a small sum, a 10% rental management fee. There is a huge difference there. This is being robbed.
A couple of weeks ago, after I asked many times about the rent, the lease and after she told me she was going to sublet the rooms again each for $800(!) she told me it would be best for me to leave. Yeah, right.
Given all this, me and my also ripped off roommate want the 2 tramps out of here. I have spoken to the landlord and he says he can´t officially tell me how much the rent is or show me the lease, as she asked him not to. In fact, he says he actually hasn´t signed the lease as there were last minutes changes made and that he didn´t sign it (but that´s an old trick in NY – if he needs the lease, if he wants to kick a lease holder out, he pulls a signed one out; if the lease holder needs to exercise her/his rights he/she doesn´t have a signed copy).

My question is: 1) what should we do? We, the two roommates who have been ripped off, want to stay and want the other two tramps to go. 2) Is what the roommate and leaseholder done illegal? (I can only think so!) 3) Could I pursue reimbursements in court? 4) Don´t I, as a tenant, have the legal right to know how much the lease is or see a copy of the lease? 5) Does the landlord have the legal right not to tell me, a tenant, how much the rent is? 6) What are my options?

The landlord likes me but, understandably, he doesn´t want any trouble. He just wants his rent paid on time but knows someone has to go. In all honesty, I don´t think he cares who although he is not happy with all the subletting. Subletting was not allowed in the lease (then again, he didn´t sign it!)
Me and my roommate have copies of the checks we gave for rent pymt and deposit and other proof that she charged for more people who stayed here, so we feel pretty covered. Initially, we haven´t thought about a confrontation as far as asking to be reimbursed but would consider it. What we really want is for both of them to leave! Ah, I forgot: they are Brazilian. One of them has a Green card (married/divorced some US citizen) and the other is illegal here. I don´t want to argue. I would like to send her a swift, extremely precise and straight to the point email, after becoming well informed and well documented, hopefully, telling her she and her partner in crime are the ones who have to leave!

Urgent help is much appreciated!
Thank you,
Ripped Off New Yorker

[valnyc]

Astoria, NY

I rent a room in a shared apt. Rent was meant to be divided equally. That was repeated several times before and after I moved in: everyone pays the same. My roommate has been seriously overcharging me. She is the lease holder of the apt. but not the owner of the property. I have asked her nicely numerous times but she does not admit it nor deny it. She knows what she had done is wrong though. The difference is of at least $1000 in her pocket which I find obscene. The landlord did not know about this either. I want the tramp out before she takes anything else. The landlord just wants his rent.

My question is: 1) what should we do? We, the two roommates who have been ripped off, want to stay and want the other two tramps to go. 2) Is what the roommate and leaseholder done illegal? (I can only think so!) 3) Could I pursue reimbursements in court? 4) Don´t I have the legal right to know how much the lease is or see a copy of the lease as a tenant? 5) Does the landlord have the legal right not to tell me how much the rent is? (I am a tenant, after all) 6) What are my options? 7) What sort of legal action could I take against her?

I don´t really want to go ahead with it, I just want her out. She´s a recent holder of a Green card and her friend an illegal foreigner so I don´t think they´re interested in trouble.

Urgent help is much appreciated!
Ripped Off New Yorker

[joypulv]

You entered into an agreement with her rather than the landlord, commonly done, but in this case not wise. Since you aren't even supposed to be there per her lease, you have no recourse. And it isn't fraud to charge you more; she can rationalize it by saying the furniture was her expense or your room is better. (What does nationality have to do with anything?) You could try to negotiate with her since she has violated the lease. You could try getting the landlord to put you on the lease. He might just evict all of you. Do you really want to live there now?

[ScottGem]

Sorry. But unless there is a written agreement that says each roommate pays an equal share of the rental, there is NO fraud and NO overcharging. You entered into an agreement with the leaseholder (who is YOUR landlord) to rent the premises from her at a certain rate. That she was shrewd enough to find someone to pay enough to let her live rent free is the American way.

Unless your agreement said something like: I agree to pay one third of the rental for unit a... instead of: I agree to pay $1500 then there is no overcharging or legal fraud.

Since she is YOUR landlord you actually have to standing to even talk to her landlord. And since her landlord is aware of the sublet and has done nothing he can't evict her for violating the lease. The only thing he CAN do is decide not to renew her lease when it expires and enter into a new lease directly with you.

[valnyc]

I entered an agreement with her which now I understand is MY landlord (I didn´t know that-I thought the property owner was THE landlord). The apt she rented is a 4 bedroom and was meant to be occupied by 4 tenants. Her LL was okay with 3 but she

Insisted on 4 and that´s why her LL never signed the lease. Therefore, I do have the right to be here. He´s well aware of it. What happened is that she also sublet the apt meaning at one point there were 6 people in the apt far from the 3 the LL

Originally approved. There was no furniture and I apologize for brining up nationality. I now clearly understand overcharging is not illegal in my case (*stunned*) and that she has not done anything illegal and that she has the right to stay.

I can´t move now. I must wait a few months, four at the least, but she´s asking me to leave right away. Thank you for your time. Highly appreciated.

{Comments merged}

[valnyc]

You have put it very clearly and I understand it perfectly. I am stunned and extremely disappointed. I guess the cards lie in HER landlord´s hands who is not pleased with her - making money on top of his rent- and may ask her to leave. There is no

Signed lease, only a verbal agreement (that´s what he told me and I believe it´s true). As I answered, I am not a sublet, I am a tenant. She did the sublet after I moved by having more than the original and approved by her LL 4 tenents in the apt.

She rented her room, etc. That is a violation of her lease. So, I can´t do anything. I guess I have learnt a lesson and hope her LL will support me in some way at least asking her to share the rent properly until the end of the lease.We want to stay

Because she will be away for at least a month. I can´t move now. I need a four months, at least. You just don´t go around moving every month, do you. Thank you so much for your time and support.

{Comments Merged}

[ScottGem]

I would lobby with the landlord to take over the lease from here when it expires.

P.S. As you can see the Comments box is limited. Please use the Answer Options at the bottom of the page for followups.

[valnyc]

In that case,as the primary tenant with a contract (albeit apparently verbal), she has the right to ask me to leave, as long as she gives me a 30 days notice. Correct? I couldn´t fight that, could I? I coudn´t stay longer than the 30 day notice.

Sorry, no AO on my pg. I never thought this forum would have been of so much help. Thank you so much to both ScottGem & joypulv. You were great and have cleared my doubts. I will definitely recommend you to all my friends and acquaintances. Best,

{Comments merged}

[ScottGem]

Scroll all the way down, there is a Quick Reply or answer box.

Yes, since you have no lease with a term, she could terminate your tenancy with 30 days notice.

[valnyc]

Let´s say I don´y leave. Assuming I am meant to leave on March 1 (or Feb 28) and I don´t. I suppose she will have to take it to court. How does that happen and how long would that take? And would have a record on that, legally?

And, is email valid and legal as written notice of vacating?

Assuming I am to leave on March 1 (or Feb 28) and I don't. I suppose she will have to take it to court. How does that happen and how long would it take? Would have a record on that, legally?And is email valid and legal as written notice?

[ScottGem]

Has she served you a termination notice? Unless you have a lease that doesn't automatically renew or automatically convert to a periodic (month to month) then she has to has to formally give you notice that she is terminating your tenancy. That has to be in writing (not e-mail). If you do not vacate by the deadline, then she goes to court to obtain an eviction order. That can take a few weeks. But once she files, it becomes part of the public record.

P.S. I see you found the Answer Options, you do not need to repeat your posts using the Comments feature.

[random50]

Is the apartment rent stabilized? (Odds are if it's that cheap, it is.)

It is illegal to overcharge roommates in a rent stabilized apartment. The maximum you could legally be charged is the total rent divided by the number of occupants, though spouses and dependents don't count in this tally. She would be liable for 3 times the amount of the overcharge in damages plus your legal costs if found by the courts to be wilfully overcharging.

[valnyc]

Thank you for all the answers. Yes, I now understand there is no fraud and she has done nothing illegal. However, she is a tramp. I was naïve. I don´t know how I fell in this trap, I was completely distracted and I trusted her... my first thoughts aren´t that people are going to rip me off or behave in a malicious way. Nationality has nothing to do with it. That´s irrelevant. However, she is an illegal immigrant in this country and that is annoying. I have an illegal immigrant living off my money and arriving in this country with bad moral values and ripping people off. Not nice. Yet, I have no interest in pursuing this anymore. I will move out next month but, I feel sorry for the next tenants who will put up with the same thing and, obviously, will leave, too. I didn´t mention the other several problems we had and she didn´t handle or handled in a very bad way but at this point I´m just looking forward to getting away from these people.

However, I do have one question but I will post it on another thread so things donñt get mixed up.
Thank you everyone and good luck.