More details to this question:
I have a written contract with my live-in cleaning lady, signed and dated by both of us. She agreed to pay $700 monthly + clean common areas of the apt. She has neither paid nor cleaned for several months. I would rather sue her to make her pay for breach of contract, rather than evict her her because she now has a full time job, and can probably pay. She owes $8k. I have one non-payment record, witnessed by 2 NYPD officers when they came to my apt in connection with this breach of contract dispute. I am hoping to use this witnessed document + my contract, to compel her to reimburse me for non payment, in NYC Civil Court. Pl. suggest a NYC-based attorney, if you will not take my case. I am a 71 year young senior, teach college, travel globally and can certainly pay, particularly if the attorney will take my case on a contingency basis. Thank you. Jana
2 ANSWERS
1 Award
I will not do it on contingency, but would charge $1500 as a flat fee, assuming there is no court required.
Answered on Nov 02nd, 2017 at 6:26 AM
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
Whether and how much unpaid "use and occupancy" (rent) you can sue your cleaning lady for for depends on whether your apartment is rent stabilized- which you don't say. If it is not, you can sue her for the agreed-upon $700 per month, assuming your "contract" reads like a properly worded lease.
If your apartment is rent stabilized, you may not charge your roommate more than HALF the legal rent that you are paying under the rent stabilization code unless you rent her a fully-furnished room, in which case you can charge her an additional 10 percent.
However, if you are trying to charge MUCH more than of your rent-stabilized rent, that is considered profiteering, and you will not be awarded $700- you will only be awarded between 50-60% of your rent stabilized rent.
Finally, if your landlord discovers you are profiteering, YOU could be evicted.
Answered on Nov 01st, 2017 at 3:56 PM