Back Rent
I need a bit of help solving a rent problem. I live in a large building, managed by a management company. Every month I get an invoice for my rent. Since I moved in the invoices have been $400 less than what is stated on my lease. Every month I paid the amount stated on…
I need a bit of help solving a rent problem. I live in a large building, managed by a management company. Every month I get an invoice for my rent. Since I moved in the invoices have been $400 less than what is stated on my lease. Every month I paid the amount stated on the invoice.
Well, today someone from the accounting dept gave me a call- apparently after 4 months they actually did some accounting a found the mistake. Now they want to pay an extra $1200 (4 months of incorrect invoices). Part of me wants to say a big F*ck You to them, since it was their error but of course there is that stubborn lease. Do I have an argument? And please no lectures! I came here for advice.
“I’ve been encouraging them for years to go to housing court and have the lease transferred to them and get the back rent damages.”
bohuma, exactly which law would entitle your friends to assume the propitiatory lease in their situation? Hopefully your friends will get some real legal advice before they jump. Furthermore Housing court would have no jurisdiction (to award damages) over an illegal and defective contract between these two parties.
The management company more than likely has in-house counsel who spends a significant amount of his/her time in housing court dealing with landlord tenant issues (every management company in NY that I have dealt with has). You could try to get your friend Anna to negotiate, but chances are they are not going to budge. Please remember that your first rent payment is short paid by $400 which is 120 days past due, the second is ninety days past due etc. The management company is perfectly entitled to report these past due amount to the credit reporting agencies. Do you really want to screw up your credit score for a few hundred dollars?
Your friend Anna is violating her rent stabilized lease and I hope she gets caught because it is people like her that are screwing up the whole NYC rental market making it unaffordable for working families. If she gets caught her subtenants are entitled to claim three times the difference between the legal rent and the amount she’s charging them. I have friends illegally subletting an apartment in Manhattan from someone like Anna, I’ve been encouraging them for years to go to housing court and have the lease transferred to them and get the back rent damages.
wait a minute…$400 a month for 4 months does not equal $1200. Either thats a typo or someone is still making “errors”
You could try to just pay the correct amount going forward starting now; see if they send another notice about the back rent. Ultimately though, you really do owe the amount on your lease and an incorrect invoice doesn’t change anything. Most renters don’t even get an invoice.
Follow your lease and pay up. Be happy they are not charging you interest.
I must say, I’m pretty amazed at your chutzpah. Ever heard of the term ‘honesty?’ And if I were you, I’d watch out for ‘friends’ like Anna.
Thanks Pete. I think you were the only one that actually read my post. Seriously people if you want to lecture someone please find another post.
Raphael9- You obviously think you have the answer to your questions. Who am I to prove you wrong. Maybe you can find some bankers to lecture. I’ll post as one and you and maxsdad can respond.
Like I said I’ll report back. My find Anna has agreed to call the management company with me. You guys wouldn’t like her, she has a rent stabilized apt. that she rents out for a profit.
Stay tuned update in the morning:)
pete: they probably can’t afford to pay living wage because tenants keep stiffing them.
not a lawyer, but I do believe legally you need to pay the back rent however tempted you are to do otherwise.
Is a clerical error only. Management company probably pays someone below living wage with no benefits and that is what they get.
7+5:
you didn’t answer any of my questions. they were not rhetorical questions….
“lucky for me I have friends that are not landlords”
this is code for “a cheating landlord is a thief; a cheating tenant is a hero”
the people who advocated stealing from the presumed wealthy were not preaching keeping the loot for themselves; the purported idea was to distribute said wealth.