hi, I have been trying to get an apt in nyc for some time now but my credit is not so great mostly due to school loans. I finally found a property manager that works with poor credit, send her my information & it turns out that there is a landlord tenant case listed on my record that i was totally unaware of until today. now while i was in school i decided to move in with this person because i... [more]
hi, I have been trying to get an apt in nyc for some time now but my credit is not so great mostly due to school loans. I finally found a property manager that works with poor credit, send her my information & it turns out that there is a landlord tenant case listed on my record that i was totally unaware of until today. now while i was in school i decided to move in with this person because i figured it would be cheaper than living on campus and i could use the nj address to get my tuition down as well. turns out this person clearly put me on the lease & put the gas & electric bill in my name as well which i had to pay by way of a wage garnishment because there was no way for me to dispute the charge; i have no idea where this person is now. my question is am i able to get this landlord tenant case off my record as it has been settled? if this pops up everytime on top of all the other credit issues I have I will never get into my own place.
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Response by ukrguy
over 15 years ago
Posts: 142
Member since: Jun 2009
Souns like you need some legal advise. As a matter of disclosure -- I am not an attorney.
Off the top of my head you will need to prove that you never signed the lease (hopefully you never did). This will require compelling the suing landlord to produce a copy/original of the lease with your signature on the dotted line. If the landlord has no such document (or has it, but without your signature on it) then you probably have a very good chance to have this entry removed or corrected. You may also be able to pusue a claim for attorney's fees and other expenses against the landlord. If, however, you did sign the lease, then your attorney should attempt to negotiate a settlement with the landlord.
Unless you have a friend/relative in the legal profession I am afraid you may be in for some bills. If there is any way you can afford it, definitely do it.
As to the utility company, if the bills are truly yours, pay them ASAP. If they are not, you should dispute them.
I hope all works out well. Best of luck.
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Response by rb345
over 15 years ago
Posts: 1273
Member since: Jun 2009
You could petition the NJ court that handled your caes to dsimiss you as a party
on grounds you were nt a party to the lease ...that you were improperly added or that
your signature was forged. Where are you looking to rent, and what> I have wto vacancies
in Astoria, Queens.
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Response by fashion125
over 15 years ago
Posts: 3
Member since: May 2010
thank you for your input. I have called the passaic county courts this morning but have not been called back just yet to find out if i can receive copies of any documents they have on this case.
Honestly, I really do not remember signing anything when i moved in, especially a lease.
The utility bill i did pay as i ireally had no other choice; this is not the bigger issue to me anyway.
i have been looking for something in manhattan but no luck adn now with this, my luck has dropped even more.
i guess i will have to wait to speak to someone from the courts and get whatever documents i can get my hands on first before i can do anything further!
thanks again for your advice!!! I really do appreciate it!
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Response by jim_hones10
over 15 years ago
Posts: 3413
Member since: Jan 2010
prepare to pay months and months of rent in advance as well as a huge security deposit to live in a bad apartment. or you could live in a borough where people are a little move forgiving
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Response by glamma
over 15 years ago
Posts: 830
Member since: Jun 2009
or you could sublet.
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Response by ukrguy
over 15 years ago
Posts: 142
Member since: Jun 2009
'prepare to pay months and months of rent in advance as well as a huge security deposit to live in a bad apartment.'
not necessarily. if the person in question did not sign the lease, they are in the clear. if they did sign the lease then jim_hones may be right. no need to jump to conclusions until we have the facts.
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Response by DaBulls
over 15 years ago
Posts: 261
Member since: Jun 2008
This is unfortunate but not all too uncommon. Youngsters are most likely to be renters before they plant their roots and often are taken advantage of by landlords. When people settle down and naturally own, these problems are not common, fortunately.
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Response by Dogismy
over 15 years ago
Posts: 113
Member since: Apr 2010
DaBulls --- wtf? Are you the Great God of Ownership Floated Down From the Heavens? Your monomania is a little weird. Explain why you are like this.
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Response by DaBulls
over 15 years ago
Posts: 261
Member since: Jun 2008
Dog, you don't need godliness to support a natural outcome.
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Response by alanhart
over 15 years ago
Posts: 12397
Member since: Feb 2007
"Explain why you are like this."
You mean why is rufus so linear? Asperger's would be my first guess.
Souns like you need some legal advise. As a matter of disclosure -- I am not an attorney.
Off the top of my head you will need to prove that you never signed the lease (hopefully you never did). This will require compelling the suing landlord to produce a copy/original of the lease with your signature on the dotted line. If the landlord has no such document (or has it, but without your signature on it) then you probably have a very good chance to have this entry removed or corrected. You may also be able to pusue a claim for attorney's fees and other expenses against the landlord. If, however, you did sign the lease, then your attorney should attempt to negotiate a settlement with the landlord.
Unless you have a friend/relative in the legal profession I am afraid you may be in for some bills. If there is any way you can afford it, definitely do it.
As to the utility company, if the bills are truly yours, pay them ASAP. If they are not, you should dispute them.
I hope all works out well. Best of luck.
You could petition the NJ court that handled your caes to dsimiss you as a party
on grounds you were nt a party to the lease ...that you were improperly added or that
your signature was forged. Where are you looking to rent, and what> I have wto vacancies
in Astoria, Queens.
thank you for your input. I have called the passaic county courts this morning but have not been called back just yet to find out if i can receive copies of any documents they have on this case.
Honestly, I really do not remember signing anything when i moved in, especially a lease.
The utility bill i did pay as i ireally had no other choice; this is not the bigger issue to me anyway.
i have been looking for something in manhattan but no luck adn now with this, my luck has dropped even more.
i guess i will have to wait to speak to someone from the courts and get whatever documents i can get my hands on first before i can do anything further!
thanks again for your advice!!! I really do appreciate it!
prepare to pay months and months of rent in advance as well as a huge security deposit to live in a bad apartment. or you could live in a borough where people are a little move forgiving
or you could sublet.
'prepare to pay months and months of rent in advance as well as a huge security deposit to live in a bad apartment.'
not necessarily. if the person in question did not sign the lease, they are in the clear. if they did sign the lease then jim_hones may be right. no need to jump to conclusions until we have the facts.
This is unfortunate but not all too uncommon. Youngsters are most likely to be renters before they plant their roots and often are taken advantage of by landlords. When people settle down and naturally own, these problems are not common, fortunately.
DaBulls --- wtf? Are you the Great God of Ownership Floated Down From the Heavens? Your monomania is a little weird. Explain why you are like this.
Dog, you don't need godliness to support a natural outcome.
"Explain why you are like this."
You mean why is rufus so linear? Asperger's would be my first guess.