Can I sue for a refund on overcharging of sublet rent (10% more than approved by HDFC board) after the fact?
I've been subletting an apt. from a shareholder in a low-income HDFC for three yrs. My lease ends shortly. Per the building board sublease policy which I saw 6 months back, she's allowed to charge me only 10% more than her maintenance. For the first year, I paid about 6-7 times the maintenance. Then the maintenance went up and for the last two years I've paid almost twice the maintenance. I paid mostly by Money Order paid to her son (c/o her), a few months I paid checks and a few months cash. She does not plan to renew my lease, which is a separate issue. Can I sue her for overcharging me rent for the last 3 years and am I legally allowed to stay in the apartment without a lease pending her paying me back the overcharge?
HDFC coops are allowed to sublet, time periods vary by coop. I am certain you have the 10% information incorrect, that applies to rent stabilized units, I am certain it is not 10% of the maintenance alone, the shareholder paid something for the shares.
It really seems you have known this all along and are looking for every angle to take the owner for what you can. They rented it to you at a number yu considerd acceptable. Now you are mad they need it back. What you might be able to do legally may not be right. Consider that.
http://tenant.net/phpBB2/viewtopic.php?t=6077
Legal Aid may be able to help you - it's good to make yourself familiar with tenants' rights though, and also, make sure you communicate first with the board what your concerns are. This is why: You may be reading the rules wrong.
The rules may mean, she can charge you only 10% than maintenance in addition to whatever the costs to cover her mortgage payments are. If she has no mortgage, maybe that's only when the rules apply. You need to know if she may have actually been legal in her charges before pitting a battle that could drive a wedge between you and the board.
The other thing is, she may be breaking occupancy rules. HDFCs are supposed to serve as primary residences for a shareholder, and that means 183 days per year they must live there. Some boards allow sublet, but usually it's only a sublet for two years, then a year off or the owner returns for one year.
The way this could benefit you is if you manage to get a foothold in as a potential new shareholder. She may be forced, after it is discovered she's broken bylaws, to sell her shares to the buliding, in which case you'd be in a good position to buy.
As far as back rent owed, its' worth knowing that housing court takes three months from the date of filing by a landlord to evcit someone. And that you probably have a case, if the board supports the claim that your owner duped you and overcharged.
Technially, real estate professionals are not authorized to give legal counsel...we can give our opinions...but this one is certainly something you need to find out from a lawyer.
Hello Alex,
It seems like you have a valid case. But the best advice I could give you is to speak to your lawyer and review your lease contract.
Regards,
Paul
Didn’t find what you were looking for? Ask a question!
Ask a question
|
|
|
|
|||||||||||
|
|
|
Fair Housing and Equal Opportunity