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Old 10-03-2010, 08:24 AM
 
129 posts, read 373,200 times
Reputation: 48

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I'm livid

long story short...I rented a room in a two bath for 8 months. The other tennant was on a 12 month lease.

I gave proper notice...90 days and vacated. Because he had problems filling the room he used my deposit if 3500 to cover the rent.

I exhaustively called abs emailed and finally got 1000 back. I'm still 2500 shirt. My roomate moved out and got most back

I have called his work, cell, and texted...very frequently. But have been ignored. I threatened a law suit and now he claims he is going to sue me fir harassment as well as damages the apt. If his intention was to scare me off it worked. I'm ceasing contact

does he have a claim? I can't believe he's turning thus around on me. I have no idea what damages he's talking about cause he won't respond. I was only there for 8 months and my roomate was there for 2 years.

Also, eventually someone moved in after me. It's a fully furnished place...just bring your clothed set up soi know the damages are bogus ...probably normal wear and tear...does he have a claim?
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Old 10-03-2010, 08:46 AM
 
Location: Beautiful Rhode Island
9,290 posts, read 14,905,031 times
Reputation: 10382
Were you on a month to month lease? 90 days notice would indicate at least a year's lease- did you leave before the lease was up or not?
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Old 10-03-2010, 08:51 AM
 
129 posts, read 373,200 times
Reputation: 48
Quote:
Originally Posted by Hollytree View Post
Were you on a month to month lease? 90 days notice would indicate at least a year's lease- did you leave before the lease was up or not?
I left when my lease ended. The contract still stipulated 90 days so i gave that.

I just don't know if he's bluffing on the harassment. He scared me off and i hate that .
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Old 10-03-2010, 08:59 AM
 
149 posts, read 358,521 times
Reputation: 92
Take it to court. You have a very good shot, and I don't get why you're intimidated. Do you have pics? Any sort of documentation? If your roommate got most of the deposit at the very least you should get the same percentage of your deposit back that the roommate got. See if that roommate will let you use any documentation he/she has. If you didn't break the lease I'm sure things will lean in your favor. The guy sounds like a jerk and once he sees that you're serious about going to court he may back off and just pay you to get it over with.
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Old 10-03-2010, 09:11 AM
 
129 posts, read 373,200 times
Reputation: 48
Quote:
Originally Posted by LuvLux2010 View Post
Take it to court. You have a very good shot, and I don't get why you're intimidated. Do you have pics? Any sort of documentation? If your roommate got most of the deposit at the very least you should get the same percentage of your deposit back that the roommate got. See if that roommate will let you use any documentation he/she has. If you didn't break the lease I'm sure things will lean in your favor. The guy sounds like a jerk and once he sees that you're serious about going to court he may back off and just pay you to get it over with.

yeah i should - he really scared me with the harrassment claim. And I have no idea what damages he's referring too...i was there only for 8 months..fully furnished so it was like a bring your own clothes place. probably normal wear and tear.

I just worried that i ruined my chances because of the excessive calls and texts i made to his work/cell.

I never theathened him - but I did threaten law-suits.
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Old 10-03-2010, 09:33 AM
 
149 posts, read 358,521 times
Reputation: 92
Quote:
Originally Posted by bcrowe224 View Post
yeah i should - he really scared me with the harrassment claim. And I have no idea what damages he's referring too...i was there only for 8 months..fully furnished so it was like a bring your own clothes place. probably normal wear and tear.

I just worried that i ruined my chances because of the excessive calls and texts i made to his work/cell.

I never theathened him - but I did threaten law-suits.
Don't worry about that, especially if you didn't threaten him. He SHOULD be harassed-he's attempting to keep your money and I'm sure he knows he is wrong. I'm not sure what borough you live in but try to look into our local housing authority-at the very least someone may be able to give you a bit of free advice about this process, and I get the impression that's what you need-sound legal advice. Forget whatever happened in the past, explain the situation to someone who is knowledgable and move from there. You should at least attempt to get your money back. Don't give up but don't dwell on it either. At worst, he may attempt to fabricate damages but perhaps a notarized statement from your former roommate stating that you left the apt in good condition would help you in that case. If you live in Brooklyn, call the Brooklyn housing authority or look into pro-bono lawyers if you can't afford to hire any help.
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Old 10-03-2010, 11:38 PM
 
Location: The Ranch in Olam Haba
23,707 posts, read 30,749,085 times
Reputation: 9985
He has 30 days to notify of you of any damages. Since you dont have a dated list of damages he can no longer charge you past the 30 days for them. You will need to sue him in small claims - thus no lawyers. As long as you didnt violate any part of the lease you should win without issue.
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Old 10-04-2010, 07:18 AM
 
129 posts, read 373,200 times
Reputation: 48
Quote:
Originally Posted by NeilVA View Post
He has 30 days to notify of you of any damages. Since you dont have a dated list of damages he can no longer charge you past the 30 days for them. You will need to sue him in small claims - thus no lawyers. As long as you didnt violate any part of the lease you should win without issue.
awesome.. another method in which he is violating tenant law.

I feel so upset that I let him scare me. ugh!!

Thanks everyone
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Old 10-04-2010, 08:10 AM
 
Location: Neither here nor there
1,809 posts, read 7,062,021 times
Reputation: 556
Take a chill pill, if he threatens you again with the "harassment threat" just tell him listen, go ahead, I could care less... I will do what I have to do." For $2,500 this is well worth fighting for. Welcome to NYC where most people try to act hard but fail most of the time.

Next time before moving out take photos, even better take photos before or soon after you move in so you have proof just in case. The first thing that the judge in small claims court is going to ask is if you have any evidence of the "alleged damages". Landlords always with hold partial or full deposits because of wear and tear on their apts which may or may not be real.
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Old 10-04-2010, 09:25 AM
 
979 posts, read 4,457,300 times
Reputation: 519
You are spinning your wheels. Unless you have notified the LL by certified letter that you expect full return of your deposit and why or demanding a list of so-called "damages" you have not notified him at all. Emails and phone calls mean nothing in court. Lucky you got the 1K back.
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