Consequences for illegally subletting and collecting deposit

[richxgior]

Jurisdiction

New York

Is it considered grand larceny to lie and say you're the owner and lease your apartment month to month and collect a security deposit of 3000+ upfront? if the tenant & landlord finds out and files a report with the detective...would this be considered fraud? or grand larceny? also is this a criminal offense rather than something civil? am very curious to know the repercussions or if it could go either way depending on who handled the case. Many thanks!!!

 

[adjusterjack]

Sorry, no way to answer that without additional details.

Describe all the players and who did what to who, and who are you in all this.

And where in NY did this happen?

 

[richxgior]

Sorry, no way to answer that without additional details.

Describe all the players and who did what to who, and who are you in all this.

And where in NY did this happen?

I rent an apartment in nassau county and I was leaving the country for vacation touring 4-5 months so i wanted to rent it out to cover the rent while i was gone. i rented it out to someone i met from craigslist and told them i'm the owner when in fact i'm not. i also demanded a security of 2 months rent in case of damages. the lease was a month to month lease that he agreed upon.

my landlord came over 2 months later and saw him and shortly figured out what i did. the landlord and i resolved this matter but the tenant i gave the apt to went straight to the police. he said i stole his security deposit of $3800.

i am now offering to give him back his security and release my self from this apt and the landlord approved becasue when i spoke to a detective via phone he said that this is criminal what i did and now i am wondering if he's scaring me or telling the truth.

i was hoping that this is a civil suit kind of thing and i can return my tenant the security and not be prosecuted by the state!

 

[army judge]

What you allegedly did could be prosecuted in the realm of fraud related crimes. It could also be pursued under false representation, and/or conversion in that the security deposit was allegedly retained.

I'm unsure how a NY state prosecutor would charge someone exactly, but rest assured, if charged it'll be a felony.

Your best bet is to fly below the radar, stop discussing the ALLEGATION, and wait.

If charged, INVOKE, as in, "Sorry, under advice of an attorney, I INVOKE, will cooperate with my arrest and booking, but will not discuss any aspect of these allegations."

You might be wise to tee this up by retaining an attorney, or having one n speed dial in case you're arrested. Furthermore, I'd do the same with a bail bondsman, so that you can readily make bail.

A good attorney can cut this off before indictment or arrest. Talk to a couple, to see how that might work and what it'll cost.

 

[richxgior]

What you allegedly did could be prosecuted in the realm of fraud related crimes. It could also be pursued under false representation, and/or conversion in that the security deposit was allegedly retained.

I'm unsure how a NY state prosecutor would charge someone exactly, but rest assured, if charged it'll be a felony.

Your best bet is to fly below the radar, stop discussing the ALLEGATION, and wait.

If charged, INVOKE, as in, "Sorry, under advice of an attorney, I INVOKE, will cooperate with my arrest and booking, but will not discuss any aspect of these allegations."

You might be wise to tee this up by retaining an attorney, or having one n speed dial in case you're arrested. Furthermore, I'd do the same with a bail bondsman, so that you can readily make bail.

A good attorney can cut this off before indictment or arrest. Talk to a couple, to see how that might work and what it'll cost.

yup done & done, i just really wanted to get another opinion so thanks on that...in fact im still in another country and im a bit worried about returning now! i have not herd if i will be charged or not..tough situation because i thought this would be a civil suit at most. i never been arrested or anything...lawyer says it wont go to court and i wouldnt get a felony at worst misdemeanor but my large worry is travel abroad for business ALOT. and if this happens will i still be able to travel for work?

 

[army judge]

yup done & done, i just really wanted to get another opinion so thanks on that...in fact im still in another country and im a bit worried about returning now! i have not herd if i will be charged or not..tough situation because i thought this would be a civil suit at most. i never been arrested or anything...lawyer says it wont go to court and i wouldnt get a felony at worst misdemeanor but my large worry is travel abroad for business ALOT. and if this happens will i still be able to travel for work?

International travel varies, as some countries have zero tolerance on admitting criminals, regardless of the crime (misdemeanor or felony).

Quite unlike the USA isn't it?

At any rate, anything more is simply speculating, guessing, crystal balling, fortune telling, and a most wasteful use of your energy.