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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Roomate Dispute and a Stopped Check

    My question involves landlord-tenant law in the State of: NY

    Not sure if this is the right forum as this is a dispute between me and my old roommates... but here it goes.


    I recently moved out of an apt. in NYC (queens) and am in the middle of a dispute with my old roommates.

    Upon the completion of our residence together, these roommates (which are a couple) wrote me a check for their part of the remaining electricity bill and also for deposit money owed to me. I deposited the check and moved out of state. The next day, I received an e-mail stating that they didn't think that I left the place in an acceptable condition (and were afraid the landlord would come after them) so they put a stop payment on the check that they wrote and said that they were going to charge me for the things that they had to correct and send me a check for the remaining balance (if any) after they had taken care of the problems. I responded, saying that I was committed to resolving the conflict but didn't think that the price they were asking was fair and that I would call them the next day to find a solution. The next day I talked to another friend who lives in the city and he agreed to take care of the problem for me, so I called them to let them know that it was taken care of but they wouldn't answer their phone or call me back. So I left a message on their phone (I tried to call them about 4-5 times) and sent them an e-mail letting them know that I had a solution for the problem. The next day I got an email saying that it was too late, they took care of it. Now the check has been stopped, and they won't return my phone calls to try to work out this dispute.

    My first question: Was it even legal to stop payment on the check over this?

    I don't feel like they gave me a chance to resolve the issue (I had a solution the next day... but apparently that was too late even though we have the place until April 1). Plus they are not the landlord or the primary name on the lease (my name was on the lease too) so I feel that they are charging me for things that may or may not have occurred (the landlord has not said that he was expecting money from them over this).

    Second question: How should I proceed? I need to recover the money owed to me.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Roomate Dispute and a Stopped Check

    If they owe you money and won't pay, sue in small claims court.

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Roomate Dispute and a Stopped Check

    Thanks for the reply...

    Well, after some research I guess what I am wondering is if this would be considered a "good faith dispute". If I understand what I have read, it is illegal to stop payment on a check for anything other than a "good faith dispute" (or lost checks, stolen checks, etc.). If this is NOT a "good faith dispute" (which I don't believe to be the case since the check was written for money that they owed me and not based on a service I was to perform) then I can sue for the face value of the check plus 2x the amount (up to $750) and also file criminal charges. Am I understanding this correctly?

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