Super charging money aside from security deposit(is it legal) (apartment, rent)

[Rmemo182]

The super from my building of 2 years haas charged me $800 aside from 1 month rent and 1 month security deposit. He claimed I failed the credit check although I have decent credit and my rent was $1200.




He claimed if I gave him $800 he would put in a good word for me and I would get the apartment. I did get the apartment but now they want to evict me although I do not owe rent(owed rent when my mom got sick and passed away in may) but I worked my ass off and paid the rent back plus late fees(they made a extra $50 from me monthly)


This super claims I broke a glass window in the building front door(landlord charged me $200 because super told him I did this) and I disputed this charge as I know I did not break the glass. I even know who did it, it was someone from the streets. My building has no cameras and that same night me and my wife got into a minor argument. The police was called by the neighbors or super and before they came me and my wife stopped arguing. The cops came. Saw the broken glass outside that was there and did not do anything as they knew it wasn't me.



So I don't even know why I'm getting evicted(could be because Of moms illness then paying rent after she passed as all her ,medical bills were paid by me, she had no insurance in her home country)


Sorry to be all over the place but to summarize.


1. Super charged me $800 to get apartment(a fee he made up himself) I was desperate for a apartment so I paid it as I was homeless(stay in my girlfriends house at the time for 2 weeks)

2. Paid rent up to date for over a year and half, then mom got sick and In a coma for 7 months. Had to fly back and forth to Dominican republic and care for her as she was alone in the country.


3. Landlord threatens to evict if I don't pay rent. I proceed to put every dollar into paying my rent and paid it fully.

4. Days after rent is paid in full, I get another eviction notice but the reason is unclear. I have to go to court to find out why. I did get a USPS letter but since I work during the day time I haven't been able to receive it.

5. I want to know if the super who is causing problems for me can be charged with something or pay back the $800 I gave to him as a mandatory fee according to him. He claims other people were looking at the apartment to move into.

[nybbler]

You really think you're going to get a refund on a bribe? Think again.

[jcoltrane]

Originally Posted by Rmemo182

4. Days after rent is paid in full, I get another eviction notice but the reason is unclear. I have to go to court to find out why. I did get a USPS letter but since I work during the day time I haven't been able to receive it.

This is the ONLY issue of all that, which has relevance.

It w/h been more incitful to have posted more information regardig the papers/eviction notice you received. Is it for "non payment", a "holdover", what? The reason for the action is clearly stated within the papers. It is their purpose.

It may simply be that your rent and the papers "crossed in the mail". You imply that your LL either threatened to evict or had begun the eviction process?? Which?

If the process had begun, did you answer in court? What was the result? A payout plan? Are you current with both the 'payout' and the regular monthly rent?

Or, it c/b in regard to the broken front door. For you to be held responsible, the LL will need testimony by a witness. No witness, no case. Simply answer in court and deny. "I didn't do it!" Do not get into any "story" as you did in your post. Simply deny! The LL has the burden of proof.

5. I want to know if the super who is causing problems for me can be charged with something or pay back the $800 I gave to him as a mandatory fee according to him. He claims other people looking at the apartment to move into.

Well, more than one way to approach this, but FIRST, can you PROVE it? What evidence, other than your word, that you gave and the Super accepted $800 for the purpose of a bribe, commonly known as "key money"?

****

Btw, it is NOT a "minor argument", if and when the police are involved!!!

[marilyn220]

Look, just go to court and fight the eviction.

I don't believe you when you say you don't know what it's for. I'm sure it says right on the notice you were served with.

You NEVER should have given the super bribe money, especially if the apartment is in Manhattan. Supers no longer have the "pull" they once had years ago. They can't put a good word into the landlord or anyone else. You probably were approved, but he lied and said you weren't to test your desperation.

You're not getting your $800 back, but I think it's something the landlord should know when you get to court, so they know how shady he is (if they care).

[Kefir King]

You NEVER should have given the super bribe money, especially if the apartment is in Manhattan.

I beg to differ Marilyn. The FACT is that if the OP had not given the super the money he would most certainly NOT gotten the apartment. Of that I am certain.

Days after rent is paid in full, I get another eviction notice but the reason is unclear. I have to go to court to find out why. I did get a USPS letter but since I work during the day time I haven't been able to receive it.

Rmemo,
Almost certainly the reason will be "chronic late payment of rent." As far as I know this is "incurable." There is nothing to stop the eviction if the judge finds it is true. Just paying in full is not good enough. So you must show that you were not late with the rent several times.

Talk to the landlord. It is possible that he filed for NON-payment of rent BEFORE you paid up in full and the legal process has continued. Maybe since he got his money, he will be content to drop the eviction. Non-payment IS "curable" with full payment.


You really don't have much chance of getting the bribe back...that's the way with bribes. Courts don't get involved when both parties have "dirty hands."