Going to collect on a slum lord

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  • #34155
    Tobert
    Participant

    So December 7th came and it is now a few days past that. What’s so special about that date? It’s the 30 day marker of when we vacated our apartment: the day we should have gotten our security deposit back. I’ve since left 1 voicemail and sent 3 e-mails. I have not be replied to. I’ve looked into Small Claims court but it wouldn’t happen for 8-10 weeks after I file it, and we wanted our deposit back pronto so we could afford to exchange at least ONE gift with each other, unlike last year when we could not afford to buy any gifts for each other or our family members. So I’m deciding to press the matter in person. I’ll be trying to go over to the old apartment tomorrow because he tends to come around and “look busy”. I’m attempting to collect on him and by pass the small claims court part, because in the end, I still have to collect on my own anyhow–all the judge does is pass a judgment. It doesn’t seem like he even gets punished for trying to steal our money. I’ve also begun a letter draft that I will be posting on craigslist to warn other users of him and his “company”, and I will contact whatever housing authority he may belong to, and the better business burrow. $800. One way or the other, I’m getting our money back.

    #517375
    Moonshadow_NZ
    Moderator

    Good luck Tobert, stay calm, resolute and safe.

    #517376
    2 Popoki
    Participant

    I echo MSs words !

    #517377
    Anonymous
    Inactive

    I third MS, be careful Tobert? Is anyone going with you?

    #517378
    CSBM
    Participant

    in New York, 30 days after a smalls claims judgement has been issued, one can file for an information supeona to be served. the filing is like $9.00. the person who owes the judgement has 10 days to return the supeona filled out accurately so a sheriff can seize property, sell it, and give you the money. my experience has been that the person owing the money quickly pays up because you know what they own, where their bank accounts are, etc. and they don’t want to give up this information…

    hope this helps…

    #517379
    Tobert
    Participant

    Wasn’t able to get a hold of him today. Still no reply to either my e-mails or voicemail. I’ll leave another.

    I’m not trying to be a jerk. I’m not trying to be impatient, but he’s never given me any hint of why I shouldn’t be distrustful of his actions. I’m going to see if it will be possible to get a ride to his house/home office (it was the only non P.O box address I found for him, under his “company’s” records. I’m just so sick and tired of having these “businesses” take advantage of me and act as businesses shouldn’t–I feel as though I’ve been exposed to so many poor businesses that I’m just hateful of them all. I want our security deposit back and there is no excuse not to return a simple phone call or e-mail, if even to tell me some excuse or something. It’s unprofessional. If Christmas comes and I still don’t have my security deposit, I will look into talking with the new tenant and finding out when they moved in because I have suspicions that they moved in before we were officially off the lease..meaning when I paid pro-rated rent for the time period, I think he had someone else living there, so I should get that money back. Can you even rent a place to someone else while another tenant has already paid for those dates???

    #517380
    CSBM
    Participant

    No, he can’t et someone else live there until the lease has expired. He is not being honest or truthful or ethical, but you already knew that.

    #517381
    CSBM
    Participant

    Your state’s Attorney General’s office should have a booklet about tenant’s rights. get it, it’s usually free. Landlords are not allowed to make up their own rules. Attorney General’s rules override anything in your lease that is illegal, however that does not rule the entire lease illegal.

    I learned all this stuff the hard way. my former landlord would not give me back my deposits, he claimed i did $2040 worth of damage to the apartment. the judge ruled i did $140 damage, quite a difference !!! and i got my deposits back by using the threat of an information subpeona property seizure…

    #517382
    Tobert
    Participant

    Well the thing is, he said everything was fine with the apartment. He did the walk-through/check out inspect WITHOUT us, despite my attempts to get a hold of him to schedule a time to do it. He said everything was fine and thanked us for cleaning because he came in a few times with some different prospective tenants while we were scrubbing the floors, aka leaving the apartment in better condition than we received it. And since then he has not communicated to us that we caused any damages. So if he attempts to do so after the fact (and after the new tenant moved in), then there will be a problem. He also went against the lease by not having us present at the check-out walk through to sign the documents, despite my efforts because “he already had someone moving in”.

    I will seek this booklet and see what is contains. Thank you.

    #517383
    Tobert
    Participant

    I’m very confused about something. In our lease it said we had to give 30 days notice to move out. The jerk kept saying a Calender month (we moved in on the 25th of September, gave notice to move out on the 7th of October for sometime around November 7th, but we paid rent from 24th of Oct. to 7th of November; our rent was due on the 24-25th of each month). So while we did give 30 days notice, but the tenant guide is saying one month for outside of NY City, did we fail to give sufficient notice? I mean, clearly there have to be some substantial factors in why we were requesting to move out so shortly after we had moved in, I feel as though that warrants consideration, although they may not think so. The guide gave an example of (if the rent is paid at the 1st of each month, and the tenant is to move on the 1st of November, notice must be given by September 30th. So it is saying I should have given notice the day BEFORE I moved in? (Lol) This was the biggest issue in the case, because he kept telling me it was one calender month and if we moved out before December 1st, that we’d lose our security deposit. BUT then he kept saying after that part, that if he found someone to move in before that there would be no loss on his part and implied that our security deposit would be returned. I’m also still trying to ascertain when the new tenant moved in, before or after the 7th.

    I’m wondering…if we did not give sufficient notice to move out, and were still supposed to be living there/paying rent and he allowed someone else to move in before hand, does that nullify or void anything? Man, I’m so pissed at this guy.

    #517384
    jcat
    Participant

    I’m not in the US, Tobert, but I would think it would be all right, you gave the guy a month’s notice, the fact that the rent fell due on another day doesn’t seem to have bothered him, he didn’t bring it up so I think that’s probably a moot point. But US TDKers may know for sure.

    #517385
    Tobert
    Participant

    I’ve just been ALL OVER the dept. of State (NY) and the Attorney General of NY’s website and I cannot search or find whether or not one is a licensed Real Estate Broker. I can search for an appraiser, but nothing else concerning real estate. I’m really going to try to bug him at his office because I feel like he has to communicate his intentions.

    Thank you jcat, I hope you’re right. He seems mainly concerned with profit, I’ve been able to tell at least that much from our encounters. I also still have the police report from when I was bitten by the neighbor’s dog. I’m just trying to gather what potential evidence I have against him, and towards our case. I’d like to have it settled between us, if not, apparently the Attorney General of NY’s office offers a form of mediation that can help sort out security deposit issues (and other tenant/landlord dispute).

    #517386
    MadcatwomanintheUK
    Participant

    Tobert, I’m sorry you’re still trying to get this resolved – I can’t offer you any useful advice, just wanted to say I admire you for pursuing this, and good luck!

    #517387
    Furbabes
    Participant

    Perhaps the “Public License Search” on the right would help?

    http://www.dos.state.ny.us/lcns/realestate/index.html

    #517388
    Tobert
    Participant

    Yeah, that’s what I used. I searched both his name and company. No results for either.

    My Gf’s awesome aunt is going to drive us over to his house/home office tomorrow morning; it was the only address associated with his corporation that I found on the state site under registered foreign corporations (was founded in DE).

    #517389
    Tobert
    Participant

    I went by the address today but no one answered the door. I didn’t see his truck. I don’t think he lived there. I also went by the old apartment. The new tenant was there, she told me they moved in on the first. We were still paid up until the 7th, so I think he owes us the 1st-7th part of what we paid him. He was not there. We left more messages. No replies. I have a lot of stuff, I’m just not sure what to do with it. His company was founded in Delaware, so I went to the Delaware Dept. of State website and found a much nicer search engine for licensees but did not find his name listed. I’ll try calling or searching the NY Real Estate Board for his name. I want to take immediate action, but I do not know if this is possible. It seems I cannot force him to do anything, which is why I wanted a face-to-face encounter. Over the phone I am powerless.

    #517390
    Tobert
    Participant

    I’m getting paranoid. I was told that someone else owned the apartment building. Even when I asked him for the owner’s info, he said he couldn’t give it out. I called the assessor’s office and they said that the Corsican Investment Group, Inc owned it and they bought it from Richard Vazquez. Both are one in the same. I got the name of the buyer’s attorney, first number was no good, had to search for awhile, found another but it just called the fax. I’m so confused right now.

    #517391
    AZDEBRA 5/27 & crew
    Participant

    Personal opinion only, if it were me I would just chalk this experience up to dealing with an unsavory person and let it go. In the bigger scheme of things like life, $800 is not worth the frustration and effects on your physical and mental health. Someday he will get all that he has done to people back on him tenfold, you may not witness it but he will. Like I said though its my own opinion and experience with jerks in life. Or you can take him to Small Claims Court and/or get a lawyer (which will probably cost more than the $800) to deal with him.

    #517392
    Tobert
    Participant

    $800 will let us have a Christmas and will help with the bills next month. I won’t tolerate people taking advantage of me or those I love, and if I don’t put a stop to it, I don’t expect anyone else will bother. I’ll bring his world down around him if I have to. I’m attempting to fill out a complaint form for Rent Security that was provided by the Attorney General of the State’s office. I don’t know if that takes any longer than filing a suit for Small Claims court, but I’m going to try. If nothing else, they send him a copy of the complaint and it will get his attention that way.

    #517393
    CheetahBoysmommy
    Participant

    $800 is a lot of money these days. I would keep fighting. Have you tried tracking down an address through the utilities? That may help. If you take him to Small Claims, you will have to serve him which means you will have to find him. Maybe the Small Claim courts can give you some hints how to track him down.

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