Q: What to do if the landlord does not refund my extra rent payment?
I put automatic payment, and I did not get it off in the last month. I have demanded the landlord to refund me back the extra rental fee for over 6 months, and I still have not received any payment. I looked it up and only deposit case is mentioned.
A: You may commence a case in Small Claims Court to recover up to $10,000.
Steven Warren Smollens agrees with this answer
If the apartment is Rent Stabilized file a complaint for a Rent Overcharge. If you prevail you may secure triple damages for that extra month paid and not refunded, promptly.
If your tenancy was not Rent Stabilized, you may inquire about filing a criminal complaint with your local NYPD precinct, or file in Small Claims Court.
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