Legal Question in Landlord & Tenant Law in New York
Roommate Probs
I live in an apartment in a two family home with a roommate. She was the first to occupy the building, and I just found out that she is overcharging me on rent. We have no lease, but the landlord is aware we share the apartment. Me and the roommate have a verbal and written agreement to split the rent 50/50, but she's been lying about what the rent really is. Do I have any recourse as to getting my money back? From the roomie, of course, not the landlord. Thanks!
2 Answers from Attorneys
Re: Roommate Probs
Yes, you would have a cause of action for money overpaid under the terms of the agreement. However, you are better off talking to the roomate and settling the matter by paying less going forward until it equals the amount overpaid.
Mike.
Re: Roommate Probs
You should be willing to hear what the roommate's explanation is. Did she have to pay security to the landlord and/or utility companies, or a fee to a real estate broker or pay for ads in a newspaper? Maybe she is adding a fraction of that total outlay on to your rent. Have you reimbursed her for your share of those outlays?
Proving a verbal agreement can be difficult and there are statutes prohibiting certain verbal agreements. You can try using small claims court and mediate/arbitrate the dispute (if offered in your jurisdiction).
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