Post: #1

Creative solutions would be appreciated.

I've been subletting a place for a few months. The girl I'm subletting from has just come back.

She called and complained about some staining on her sheets and $75 mattress pad (heh). I don't have a problem paying for that. But she's claiming her nasty ass sheets cost her $200 each. She's also saying there's a button missing from her custom upholstered sofa. I don't know if that was my fault or not - but the upshot is she wants to keep the whole deposit of $600.

She's clearly just looking for reasons to keep my money.

I was overpaying for the place to begin with and paid $500 more than the sublet agreement specified (so she could put a lower price on the sublease agreement, apparently her landlord raised her rent on her last time she put a higher rent on a sublease agreement).

I was thinking of asking her to pay me 1,100 or going to the landlord getting him to raise her rent.

Any other ideas on how to play this? Emech, I'm looking at you here.

Post: #2

She got receipts for everything? Estimate for sofa repair? Sounds like she potentially committed fraud as well with the sublease agreement. I'm sure el mech will have some HAM solutions, however.

Post: #3

Make it absolutely clear you will fight it no matter what. It could just be a shit test to see if she can squeeze some money out of you. perhaps it has worked on a beta in the past.

Post: #4

I just asked her for her landlord's number "to discuss the sublease agreement with him".

Yeah I'll ask for receipts for everything and make it clear that I'm going to be a huge pain in the ass until I get my money.

Post: #5

Haha I just found her OKC profile, ideas?

Post: #6

(04-02-2012 01:19 PM)Caligula Wrote:  Haha I just found her OKC profile, ideas?

I would take the high road until the situation is resolved... then unleash the fury.

This is a pretty big problem with landlords. A lot of them just do everything they can to keep your deposit and a lot of people are just to meek to say anything. I would ask for receipts on everything. If you have a friend who is a lawyer, ask them to send her something on their stationery. You want to signal to her that you're not a mark and then see how hard she is willing to fight on this.

Post: #7

Tell her that's normal wear and tear and you didn't mess the button up. I'm not good with threatening law on people and I'm not sure you would want to handle it the way I would but tell her It's in her best interests to pay you back. If you're still in the place you can make her legally evict you and nobody in NY wants to go through that. I learned that you should always put the ball in your court with money. Don't pay the last 600 of the rent then negotiate what deposit you owe her instead her holding the cards.

On another note the worst I've seen is someone pouring cement in the toilet and sinks to venge the bank or landlord. Not pretty.

Pic of fat bitch?

Ohh and screenshot and save her pics in case we have to submit to peopleIwouldnotfuck or other places.

Post: #8

Thanks for the tips - the normal wear and tear line is good. Emech, you're right I want to get the law involved unless someone else fires the first shot on that front. I don't want to get caught up in some case over $600. Best to escalate more gradually.

NY is solid when it comes to protecting tenants so there's a lot to work with.

Adding an attorney friend to the email chain now...

Post: #9

Are you moving out?

Just stiff her the amount of the deposit in your last rent check.

Never hand over money to a landlord hoping to get it back again sometime in the future. You don't.

Post: #10

I don't know what state you're in, but this is easily resolvable through small-claims court. Ask, in writing, for receipts of the damage amounting to $600. If she doesn't produce the items go online and read the directions for filing a suit on her in your state. I think it costs like $50 to file and another $25 to have her-ass served (if you don't want to deliver the service yourself). The burden of proof is much lower in small-claims court, but you should be able to fight and get some of your money back. She will likely try to settle with you well before.

Post: #11

(04-02-2012 02:19 PM)Blackhawk Wrote:  Are you moving out?

Just stiff her the amount of the deposit in your last rent check.

Never hand over money to a landlord hoping to get it back again sometime in the future. You don't.

Already paid in full. There was a few weeks' lag between my moving out and her coming back to check out the place. She seemed chill so I didn't stress. Usually I wouldn't pay the last bit of rent and just let it eat up the deposit. Lesson learned.

Post: #12

(04-02-2012 02:56 PM)Tuthmosis Wrote:  I don't know what state you're in, but this is easily resolvable through small-claims court. Ask, in writing, for receipts of the damage amounting to $600. If she doesn't produce the items go online and read the directions for filing a suit on her in your state. I think it costs like $50 to file and another $25 to have her-ass served (if you don't want to deliver the service yourself). The burden of proof is much lower in small-claims court, but you should be able to fight and get some of your money back. She will likely try to settle with you well before.

Great tip. Just the prospect of a small claims filing will probably be enough of a pain in the ass for her to relent.

Post: #13

You can fucking destroy landlords in NYC when they break the law. I have a friend who has gotten hundreds of thousands of dollars worth of free rent over the course of years because of things the landlord did wrong.

I think you might have less recourse because you are subletting from an individual. The normal rules mean she couldn't mix the security deposit with her own money, and if she can't prove there are $600 of damages you may be due 3x your security deposit -- turning the $600 in to $1800, a more meaningful amount. Look at the laws and figure out exactly what she is obligated to do.

She has something of yours (or had), and your trying to get it back. It may not be worth the effort required

Post: #14

Babelfish that's really useful. I'm sure she hasn't been holding the security deposit in a separate account so I'm sending off a form letter asking for proof that it's been properly held. If she has kept the money in her own account I can request the whole thing be returned to me.

Glad I had a proper sublease agreement that refers to the language in her own lease, holding her up to all those standards.

Post: #15

(04-02-2012 01:19 PM)Caligula Wrote:  Haha I just found her OKC profile, ideas?

Create a fake profile. Message her. After a couple of back-and-forths(or perhaps after you've made tentative meeting plans) tell her that you've suddenly gotten stuck in a tenant crisis, as to how your tenant is suing you and giving you a hard time only because you asked for damages!

Post: #16

(04-02-2012 05:01 PM)haywire Wrote:  

(04-02-2012 01:19 PM)Caligula Wrote:  Haha I just found her OKC profile, ideas?

Create a fake profile. Message her. After a couple of back-and-forths(or perhaps after you've made tentative meeting plans) tell her that you've suddenly gotten stuck in a tenant crisis, as to how your tenant is suing you and giving you a hard time only because you asked for damages!

Haha. This is brilliant. I can spin a good yarn using what babelfish mentioned about the deposit being tripled if the landlord claims illegitimate damages.

Post: #17

Would be MOST EAGERLY waiting to see how this plays out

Post: #18

(04-02-2012 12:39 PM)Caligula Wrote:  I was thinking of asking her to pay me 1,100 or going to the landlord getting him to raise her rent.
Any other ideas on how to play this? Emech, I'm looking at you here.

Easy. What you need to do is to go to the small claims court and file a claim. And either send it to her address via certified mail, or have one of your friends to personally serve it.

Don't threaten her, don't even talk to her. Just serve the papers. A lot of people here in US seem to only start using their brain in the full power once they get served with the court papers.

My previous landlord tried to keep half of my deposit too. She now regrets she ever met me.