About two and half weeks ago, I looked at an apartment in Brooklyn. It was spare, but I decided that it would work in a pinch since I needed something soon, and it was only a 3-month minimum commitment. The "Landlord", who does not own the building, but only rents out several floors and (now I find out) illegally rents out the small apartments as SRO's, took my 1st, last, and 1 month's deposit (total $3900) on 9/20.
In the days that followed, I found out that the elevator did not work, that it was quite noisy, and most importantly that the building did not have a residential certificate of occupancy, which invalidates any contract leasing it as a residence. My check cleared on 9/21. On 9/25, I asked the "landlord" to return my money and rip up the contract. I also offered to give him a small amount of money for his trouble ($100). He became very angry and demanded several hundred dollars (I have this all documented by electronic message). I offered him $150 to resolve things before I had to pursue legal action. He has not responded since then to several calls and messages and I have never taken possession of the apartment.
I am planning to take this to NYC small claims court, but am afraid that even if I am able to obtain a judgement, he will not return my money. Also, he had me sign the contract with his LLC, which I also worry will prevent me from getting financial satisfaction. Any ideas on how to pursue this?
THanks,
Cary in NYC
In the days that followed, I found out that the elevator did not work, that it was quite noisy, and most importantly that the building did not have a residential certificate of occupancy, which invalidates any contract leasing it as a residence. My check cleared on 9/21. On 9/25, I asked the "landlord" to return my money and rip up the contract. I also offered to give him a small amount of money for his trouble ($100). He became very angry and demanded several hundred dollars (I have this all documented by electronic message). I offered him $150 to resolve things before I had to pursue legal action. He has not responded since then to several calls and messages and I have never taken possession of the apartment.
I am planning to take this to NYC small claims court, but am afraid that even if I am able to obtain a judgement, he will not return my money. Also, he had me sign the contract with his LLC, which I also worry will prevent me from getting financial satisfaction. Any ideas on how to pursue this?
THanks,
Cary in NYC
