I need advice on my daughter's rights regarding the recovery of rent(first & last month's) to secure an apartment in Brooklyn with a roommate. Immediately after paying the money to the landlord, she knew she could not live there as it was not safe. As a young female(24 yrs old), she should have been sure before giving money, but the roommate is male, and significantly older (40yrs old).
The roommate persuaded her it would be fine, however she went to the broker who found them the apartment and told him she would like out before signing any lease. He told her she could always sublet.
In the end, she never moved in, never signed a lease, but payed $1866. in 1st & last month's rent. She told the roommate five days before move in date that she had changed her mind, and would be happy to find a sub-letter for her share of the apartment. In fact, she found a fellow ready to move in before the move in date, but the room mate said, he had found someone and asked for her keys. She gave them to him and then continued to string her on throughout the first month with false hopes that he found his own person to rent her room, only to have it fall through.
As she felt intimidated, I called the room mate and asked him to allow us to help find a renter(we loaned her the money). He would not answer and continues to not respond. We found at least ten suitable renters in that first month that we referred to him via email, but never a response. Without the keys, and no signed lease, and an unresponsive roommate, how can she recover her money? Does she have rights in small claims court? Thank you for your help--
The roommate persuaded her it would be fine, however she went to the broker who found them the apartment and told him she would like out before signing any lease. He told her she could always sublet.
In the end, she never moved in, never signed a lease, but payed $1866. in 1st & last month's rent. She told the roommate five days before move in date that she had changed her mind, and would be happy to find a sub-letter for her share of the apartment. In fact, she found a fellow ready to move in before the move in date, but the room mate said, he had found someone and asked for her keys. She gave them to him and then continued to string her on throughout the first month with false hopes that he found his own person to rent her room, only to have it fall through.
As she felt intimidated, I called the room mate and asked him to allow us to help find a renter(we loaned her the money). He would not answer and continues to not respond. We found at least ten suitable renters in that first month that we referred to him via email, but never a response. Without the keys, and no signed lease, and an unresponsive roommate, how can she recover her money? Does she have rights in small claims court? Thank you for your help--
