I still want like to pursue a civil suit with the last managment due to tolerating and misconduct tenants. These tenants above us were purposely dropping hard objects and vacuuming in varies the days and nights of the hours especially quiet and e...
Dear Bronx Tenant:
You have six years based on the statute of limitations to sue your former landlord for money damages due to breach of lease, and breach of the Warranty of Habitability. You have much shorter statutes of limitations for claims of damage due to intentional tort and trespass. You should consult an attorney who may take your facts of exposure to the misconduct of other tenants and their nuisance behavior and turn those facts into support for a lawsuit.See question
I was asked to sign a lease April 15th 2015. Despite asking for the C of O I was told I may not need one. I signed the lease May 20th 2015 and the C of O was attached. 15 months and several thousands of dollars later there never was a C of O. ...
Dear Sloatsburg Tenant:
You may add a comment if I am off the mark. You did not describe the circumstances about being told you may not need a C of O. If your own attorney told you so, while ordinarily you would expect your own lawyer to know the local rules and codes, you cannot hold your former landlord to this representation. If you did not visit the local Building Department (http://www.sloatsburgny.com/Building_Department.htm) explain your reasons, if you did not have an attorney.
A "promise" by a landlord that is not written into a lease is not meant for reliance by the tenant in making a decision to enter into a lease. I gather the lease was silent
My downstairs neighbor keeps complaining to landlord about me making ordinary noises, like vacuuming during the day, including physically threating me with some strong family members. I live in stress afraid to do anything in my apartment, terrifi...
Dear New York Tenant:
I gather from the comment that you are not able to move at this time that your tenancy is not rent stabilized. A little bit more information would help. Is the neighbor "new" (you had your apartment before the neighbor moved in?) The "strong family members" live or do not live with the neighbor?
Resume your ordinary and normal life, since the landlord will not do anything to you about the neighbor's complaints and will simply allow the lease to expire either for you or for the neighbor.
Prepare a written report (calmly) detailing the abuse from the neighbor and threats of violence--but your lease does allow you the right to vacuum, use the bathroom and move around your apartment.
I gather you never called police when exposed to the physical threats, but do so next time if you feel a visit from police may bring peace.See question
The lease agreement does state that tenant is responsible for exterminator costs. At the time that I signed the lease (4years ago) I didn't even know what bbugs were and didn't see the threat. Last summer a new tenant moved in. I started noticing ...
Dear Binghamton Tenant:
You should raise defenses to the landlord petition in order to place into dispute the landlord's claim that your lease (rental agreement) did not allow the landlord to add extermination expenses as a component of your rent. Based on your version of facts, you should beat the landlord's case. But be prepared to move when the leases is over since State law does not compel an offer to continue the tenancy or to renew the lease.See question
I'm suing for property damage due to my neighbor storing garbage on my property and damages to my fence. he has crossed his lot line onto my lot which is on my driveway where he stores his garbage and he built a little storage shed. i was absent ...
Dear New York Property Owner:
If you are suing for property damage, you named a sum on money ($5000) as the value of the damage to your property. Small Claims Court does not posses power to issue an injunction. But the Civil Court Judge or Arbitrator may very easily say to the neighbor to get off your land and clean up the mess.See question
I'm a co op owner in good standing with the my mortgage company. I fell behind on maintenance payments partly due to missing work because of health issues and partly due to frequent changes in the building's management company. I received a threat...
Dear Brooklyn Proprietary Lessee:
Of course, the actual eviction is carried out by an NYC Marshal by direction of the Housing Court to execute an eviction warrant. Technically, the management company as an agent is not authorized by law to commence the actual lawsuit. If you have court papers, the caption of the lawsuit should identify the cooperative corporation as the Petitioner/Landlord. As a proprietary lessee you have a tenant and landlord relation with the cooperative corporation. Not paying maintenance is the same as not paying rent--and you do know--tenants are evicted if the landlord sues and wins, and the tenant does not pay the rent owed.
Is the threatening letter a rent demand (a three day or a five day notice) or a mere letter? A written rent demand is a needed first step forward to initiate the nonpayment case. If this letter informed you that you had to appear in court did the letter identify the name of the lawsuit and index number (if anything, the letter would have come from the coop's attorney.) and if it did so, but you were not aware a lawsuit started, that is a significant defense in your favor, and totally useless, if you do not raise the defense in your Answer.
Nonpayment cases require an Answer from the tenant to appear on the court calendar, but if a tenant defaults in answering, the landlord receives a judgment without the tenant ever trying to defend the case. A "holdover proceeding" may be improper when only rent is claimed in default, but a holdover does come with a court date set by the landlord in contrast to the nonpayment case.
Since you have a mortgage the coop had to notify the bank about the failure to pay maintenance as required by the Recognition Agreement that you and the coop and the bank signed at your Closing. The point of the Recognition Agreement is providing notice to the Bank so that the Bank steps in and pays the unpaid maintenance rather than risk losing the apartment through your eviction.
Your course of action is hire an attorney.See question
Hi, Thanks in advance for your advice and feedback. I live on the ground floor of a New York City apartment building and pay my rent on time every month. A developer bought the space next door and has been building a new high rise from 7a...
Dear New York Tenant:
Make the most of your first meeting with the developer at your city council member's office. Learn all you have time for in the next few days about the developer, your landlord, the public filings, and building department records.
Start with the local industry trade publications (online) and you should read and print any articles about this particular development next to you, the developer (reputation and other projects) and the industry "buzz" about the new building. Go online at ACRIS and look up the deed and transfer papers for the parcel next to your building. The development lot may be an assemblage of parcels from other former land owners on your block as well as development agreements and transferred rights. Your landlord may be a participant in this project through one of the typical land agreements made by and with adjoining land owners. Check for any common names and associations that may tie your landlord's interests to the developer. Look up the agreements for financing the project. Track down the permits and plans filed at the Department of Buildings. Check for zoning allowed in your community and your particular block. Many architects and engineers self-certify compliance with local zoning and other codes, and sometime, those certifications are wrong (and not verified by the DOB.) Only yesterday, a story broke about the oversized (exceeding zoning allowance) stores in Soho (https://therealdeal.com/2017/05/21/dob-hits-oversized-soho-retailers-with-violations/); but each of those stores made its way through the building and development phase in plain site of the DOB and elected official and were somehow "certified" as in compliance with local zoning.
The point is you never know in advance what may turn up by an investigation. You may very well discover some "fact" to give you leverage on the developer and your landlord, since often the noise and inconvenience alone are just part of the background living in NYC. You need to catch and find a weak link. Good LuckSee question
Hello, I have filed a small claims for my roommate who has damaged the rental unit we live in and refuses to pay for the damages. The damage will be deducted from the deposit, which is all in my name as she has refused to pay that as well. Even th...
Dear Buffalo Tenant:
Technically you aren't damaged until the landlord attaches the security deposit to cover the damaged caused by the co-tenant. Your complaint anticipated the landlord doing something to you that from your point of view flows from the other tenant's damage to the landlord's property. Although the lease allows the landlord to take the security deposit your belief is that the co-tenant's negligence injured you.
Even with an attorney this premature lawsuit could face dismissal if the defendant challenges your claim and you aren't around. The lawyer cannot testify for you. At best the lawyer could hope to make a deal (if you give authority) or if that fails to secure a postponement until some time when you are back in USA.See question
I agreed to rent an entire house for $2350 per month; however upon signing the lease, I learned the the tenant residing beneath me in the illegal apartment which is supposed to be part of my rental area continued to remain in the house, therefore ...
Dear Bronx Tenant:
No one will stop you from serving and filing a notice of appeal and seeking a stay against the eviction either from the same Housing Court Judge or from the Appellate Term. Read this: https://www.nycourts.gov/courts/nyc/housing/appeals2.shtml
The fact that you had a trial on the facts you described and lost the verdict on rent owed to the landlord suggests that you made some mistakes presenting your defenses and in opposing the landlord's case.
Simply securing the transcript of the trial may take more time than remains on the lease. In this circumstance, spending big money on an appeal and hoping for a stay of an eviction, may be futile. It does take time for the landlord's marshal to secure the warrant of eviction, and any stay you get before an eviction notice comes your way, may just buy enough time to move out as you would have by June 30.
In reality, you haven't lost much other than a money judgment since the issue of possession of your home after June 30 is moot, since you must move out by that day no matter whether you have a good appeal going since the lease expires long before an appeal may conclude..See question