The landord

[j4cks0n]

We are 3 students from Europe who had rented an apartment in New York City from the internet. We received a signed sublease agreement for a 3 br apartment and we did a wire transfer of 1 month rent and 1 month deposit.
But when we arrived at the place, the requested 3 br apartment was not available. The landlord offered us to use a 1br apartment for the next 2 weeks and promised the requested apartment would be available then.
After 2 weeks in the 1br apartment the 3br was still no available but we found another apartment to lease. So we moved out. Now we want our money back from the landlord but he is no willing to do.
The big problem is that we stay in the US for just about 3 month. What could we do?

 

[Michael Wechsler]

Easiest way - not a "legal" one but more leverage of common sense. What would I do? Tell the "sub-landlord" that if he doesn't give you your money back then you will need to inform the landlord and the condo or co-op board about your difficulties. Apparently a "sublease" means that this person you are calling the "landlord" is actually subletting the apartment to you that he is leasing from the landlord. Typically the last thing a tenant wants to do is lose his/her apartment because he's subletting (possibly illegally) and potentially having unreported income from renting an apartment where the other owners of the building would rightly have a share. You can see what happens here...

Next is to file a claim against him in New York City Small Claims Court. It's easy and should only cost about $15 - here's where it is:

111 Centre Street (75 Lafayette Street) (Between White and Franklin Streets)
1 train to Franklin Street station
4 or 5 train to Brooklyn Bridge station
6 train to Canal Street station
A, C, E, J, M, N, R or Z train to Canal Street station
M101 or M102 down Lexington Avenue to City Hall
M15 down Second Avenue

You'll need your sub-landlord's name and address.

This is a good start to show him you're not a bunch of students to be pushed around and you're far more trouble than it's worth to keep the money. Best of luck to you and hope you enjoy New York. Not everyone is unscrupulous but there are plenty of shysters! Good luck!