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I agreed to rent an apartment with a landlord. It was a basement apartment that wasn't too shabby. I paid the landlord the first month's rent, last month's rent, and a security deposit equal to one month's rent, in cash, and received a signed receipt.
After my first night there, I realized that what looked decent in the daytime, was actually a bug infested hell at night. Insects infested the place, and would only come out at night.
Also, after talking with some friends, they remarked that based on how the utilities were included in the rent, and the layout of the apartment, it was illegal. After doing some research, I realized it was. One exit, 2 windows only 2 feet wide by 1 feet tall that did not open enough for a person to fit through, and it was in a basement with a ceiling only 6 feet high. Data from a city website corroborates that it is not fit for an apartment. I did not know the apartment was illegal when I agreed to rent it.
After 3 days, I could no longer stand the insects, and the thought of dying in the apartment in the event of a fire unnerved me, so I politely and honestly asked the landlord if I could recoup the money that I gave her and part ways. She replied through text message "Of course", and we settled on today for me to come pick up my money and to give back the keys.
When I get there, her partner is outside, and tells me she would be handling everything. She tells me that she is only going to give me the first month's rent and security deposit back, but keeping almost all of the last month's rent minus $100, because I had screwed up their plans to rent for the entire month. I countered that I now knew that the apartment was illegal, and I would have to explore my options.
She flew into a rage, and said that she would have to explore "her options" as well. I pressed her to clarify if that was a threat. She insisted that I was threatening 'her', meanwhile I was on the right side of the law, and I was not threatening her at all.
The landlord finally came outside, and quietly gave me the rest of the money and told me to call her later. I am hesitant to do this because I fear for my safety. When they rented to me, they took my information down, like my current address, social, etc. I am afraid they will retaliate or harass me or my family in some way, steal my identity, etc.
Should I report this woman to the authorities? On one hand, I don't want her to get smacked with huge fines and have her life ruined, she agreed to give my money so I thought it would just be an easy exchange and we'd move on, I didn't expect anything like this to happen. On the other, I have to take threats seriously. Would she have any legal recourse to sue me for leaving early? I didn't sign anything at all, no lease, nothing. I also have proof that I lived there, the receipt she gave me, text messages, e-mails, and some pictures I took inside the apartment.
How should I proceed with this? Let me hear your thoughts even if you guys aren't lawyers. Also, the landlord's day job is as a process server; would the courts be harsher to her because as someone who serves eviction notices, she should know better than to have an illegal apartment?
its okay, shes shieeting her pant already. Make sure get your money back and leave promptly.
Yeah, I figured if she had any basis to keep my money, she wouldn't have given me a penny back.
It just pissed me off that she agreed to give me back my money in full, then she tries to play me when I get there. I think she expected to shock me and hope that I would just let her keep it so I could go. If she had told me on the phone that she didn't want to give the full cash back, I likely would have negotiated with her.
Should I report her? What if she rips the apartment out from downstairs so it no longer looks like a legal apartment, then starts harassing me so I have no proof that there was an apartment there? Kind of like a "time is of the essence" thing?
Yeah, I figured if she had any basis to keep my money, she wouldn't have given me a penny back.
It just pissed me off that she agreed to give me back my money in full, then she tries to play me when I get there. I think she expected to shock me and hope that I would just let her keep it so I could go. If she had told me on the phone that she didn't want to give the full cash back, I likely would have negotiated with her.
Should I report her? What if she rips the apartment out from downstairs so it no longer looks like a legal apartment, then starts harassing me so I have no proof that there was an apartment there? Kind of like a "time is of the essence" thing?
nah, they dont have time for that. she will just move on and rent to someone else. 90% of basements in nyc are rented. Take pictures of apartment and move out promptly, you can report if you want just call 311, from what i have heard DOB wouldnt do jack anyway.
I think this is the case where everybody just moving on would be the best path forward.
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