Security Deposit What is the best recourse for getting money back from a roommate?

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putout

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I moved in with a roommate in August of 2011. He had no credit history, so I paid for all initial expenses: broker fee, security deposit, and 3 months rent (due to his lack of credit history). I paid out over $13,000, of which he said he would pay me his half in installments. I ended up moving out of the apartment almost immediately, from NYC to NH for work. He never paid me, never completed the forms to get the Time Warner account out of my name, and never paid the last month's rent. I found a subletter who moved in and paid him, but he did not pay the cable bill or final rent. I have years of emails back and forth between us, always him promising to pay me, and never following through. He had just moved into my sister's old room, and "borrowed" all of our furniture, bedroom, living room, kitchen. He is enjoying all of our things, and not paying me what I am owed. I would like to tale legal action, what is the best course?

Is what he did stealing? Do I need to file a small claim, and if so, he lives in NJ, but works in NYC, which place is best to file with? Am I allowed to add interest since he took money from the subletter, and never paid rent knowing that I would ultimately pay from my security deposit? Does it matter that he did the same thing to my sister at her last apartment causing her to lose almost $2300? (We didn't find out he had done that until well after we had found a new place and moved in together...

Thank you for any and all assistance!
 
I moved in with a roommate in August of 2011. He had no credit history, so I paid for all initial expenses: broker fee, security deposit, and 3 months rent (due to his lack of credit history). I paid out over $13,000, of which he said he would pay me his half in installments. I ended up moving out of the apartment almost immediately, from NYC to NH for work. He never paid me, never completed the forms to get the Time Warner account out of my name, and never paid the last month's rent. I found a subletter who moved in and paid him, but he did not pay the cable bill or final rent. I have years of emails back and forth between us, always him promising to pay me, and never following through. He had just moved into my sister's old room, and "borrowed" all of our furniture, bedroom, living room, kitchen. He is enjoying all of our things, and not paying me what I am owed. I would like to tale legal action, what is the best course?


You have so many doggone things that went wrong.

You could discuss this with the police agency where the apartment is located, but if that is NYC, fuggedabodit.

As far as legal action, why waste your time?

Sure, you could prevail in small claims court, after running back and forth between NH and NY five, six, maybe more times.

But, that won't get you money, it'll just get you nice, pretty piece of legal paper saying Joe Blows owes Mary White $8,000 (or whatever).

Then you get to try and enforce that judgment.

That's even harder and less productive than obtaining the pretty piece of legal paper.

My advice, cut your losses, let this go.





Is what he did stealing? Do I need to file a small claim, and if so, he lives in NJ, but works in NYC, which place is best to file with? Am I allowed to add interest since he took money from the subletter, and never paid rent knowing that I would ultimately pay from my security deposit? Does it matter that he did the same thing to my sister at her last apartment causing her to lose almost $2300? (We didn't find out he had done that until well after we had found a new place and moved in together...

Thank you for any and all assistance!





Again, discuss the entire situation with the local police agency where the deal went down and the apartment is located.

If it is NYC, yeah, fuggedabodit.

NYPD won't waste time doing much about this, they'll tell you its a civil matter and file a small claims suit.

Is the picture getting clearer, its Apple's address, Infinite Loop.

Small claims, we discussed that already.

In my view, a total waste of time, but, YES you can file such a case in NY state (city and state where this occurred).

No, not in NJ, nothing happened there, YET!!!

The lesson here, NEVER sublet.

Why???

It rarely turns out well, as you and Sissy can attest to, having been snookered by the same deadbeat.

And, it rarely works out in BIG cities, among which NYC is the largest of them all in the USA.

If it were my problem (which it never would have been, because I don't TRUST anyone) - I follow the rules of the OLDEST profession, get the SUCKER'S money before you give up the GOODS - I'd let it go.

It is another expensive lesson learned.

 
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