My landlord went into my apartment, when I was not home and without my permission, took something from me, then text me if he can borrow it. Not knowing he had already taken it, I said he can pick it up the next day when we already had previous pl...
Dear Brookhaven Tenant:
The entry by the landlord into your leased premises without "need" and without "notice" and without "consent" is a trespass. Taking anything elevated the crime to burglary.
Your landlord is not allowed to enter the apartment without your knowledge or permission except in an emergency.See question
One of more tenants in a private New York City apartment building would like to evict a nuisance tenant who plays overly loud music, often late at night, and who intimidates other tenants when they complain. Despite the prohibition in the lease ab...
Dear New York Tenant:
If your tenancy is worth preserving for many more years (Rent Stabilized) you may consider your neighbors and you assert your rights to live in your leased premises free of a trespass of noise and the nuisance of an objectionable conduct.
You have a right to seek a judgment against the neighbor in a private nuisance lawsuit.
The "elements" are clear as far as judges say:
" elements of a claim for private nuisance are, "(1) an interference substantial in nature, (2) intentional in origin, (3) unreasonable in character, (4) with a person's property right to use and enjoy land, (5) caused by another's conduct in acting or failing to act" (Jennings v. Fisher, 258 AD2d 722, 684 N.Y.S.2d 680 [N.Y.A.D. 3rd Dept., 1999]). In determining whether a private nuisance exists the court must weigh the gravity of the harm against utility and necessity (Copart Indus., Inc. v. Consolidated Edison Co. Of NY 41 NY2d 564, 362 N.E.2d 968, 394 N.Y.S.2d 169 ). Trespass requires either an unlawful act or a lawful act performed in an unlawful manner that interferes with a [*5]person's right of possession (Kurzner v. Sutton Owners Corporation, 245 AD2d 101, 666 N.Y.S.2d 135 [N.Y.A.D. 1st Dept., 1997] citing to Ivancic v. Olmstead, 66 NY2d 349, 488 N.E.2d 72, 497 N.Y.S.2d 326 ).
My apartment roommate broke the rules of our lease by changing a lock without giving the co-tenants or landlord a key to the lock, and subsequently blocked the co-tenants' access to the fire escape. (Our lease specifies that copies of new keys mus...
Dear New York Tenant:
With six months left before the lease ends, and no one other than you concerned with the lock change, and you no longer exposed to the risk of becoming trapped by a locked fire escape window, I would caution against turning the tenancy in for breach of lease. Right now the lease is poised to end and the landlord will have its original locks in place or keys for the replaced locks.See question
I live in Queens NYC in a coop building. I own my coop and the upstairs neighbor owns his as well. I complained about his floors being uncarpeted and at one time after I complained he fixed it but subsequently had a problem with his noise again. W...
Dear Flushing Coop Owner:
There are no expeditious nor inexpensive pathways to successful abatement of nuisance noise from a neighbor. Attorneys rely on acoustical engineers as experts.
The clearest strategy is shareholder against the Board. The Board has a fiduciary duty to assure members that exposure to a nuisance or objectionable conduct will cease when the Board secures information sufficient to act.
Coop Boards enjoy extraordinary power to deal with nuisance members; but the will to do so often is soft. A lawyer may help nudge the Board into taking action by a campaign of persuasion culminating with a lawsuit against the Board to compel performance.
A private nuisance lawsuit by a shareholder against a neighbor is unlikely to secure your goal.See question
My wife n I live in a illegal bastement apartment n we recently had a baby who is 5 months old now the sewer how backed up n started running out of our bathroom n flooded the appartment I notify the landlord n he send somebody to fix the problem ...
Dear Bronx Tenant:
First find a legal home for your family. If you call inspectors you risk the City posting an immediate vacate order.
Your illegal basement apartment could not provide a safe, sanitary and habitable home and neither will the attic.
You'll have plenty of time to sue after you move.See question
I would like to use security deposit to pay for my last month of rent. There are no damages however my landlord seems resistant to this idea which is what I have done in the past. I mostly likely will not pay last month rent, what are the conseq...
Dear Forest Hills Tenant:
You will owe rent to your landlord on your way out. The landlord is not safe taking the deposit as a substitute for rent.
The consequences are a lawsuit for that rent after you move and loss of the security deposit.See question
This question pertains to a private owner of a 2-unit building. At move out, landlord refunded sec deposit w/a check from an internet bank. Meaning, the bank is web-based and has no physical local location. As such, I had to take the check to a ch...
Dear New York Tenant:
Technically, the landlord of the two-unit private house where you were a tenant, is only barred from mixing up your tenant security money with his own. For a house you described, the landlord is not compelled to deposit into a bank account. But should that occur, this is triggered:
"2. Whenever the person receiving money so deposited or advanced shall deposit such money in a banking organization, such person shall thereupon notify in writing each of the persons making such security deposit or advance, giving the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit. Deposits in a banking organization pursuant to the provisions of this subdivision shall be made in a banking organization having a place of business within the state." -
See more at: http://codes.findlaw.com/ny/general-obligations-law/gob-sect-7-103.html#sthash.2b0ELXxA.dpuf
So you are correct. If the landlord did use a bank to hold the money the landlord also was compelled to provide the name and address of the bank and that bank had to be in New York.
You should examine the back of the check you turned over to determine whether the landlord wrongly moved your deposit from a bank that had an address to one that did not.See question
When we were signing a lease, they had a no pet policy in there but said that if we want a pet, we simply have to sign a form and send it to management. Now that we got a dog, we are being declined of the forms saying that it needs to be a disabil...
Dear Coram Tenant:
Generally, an oral representation prior to making a written lease does not "survive" to overturn a contrary term written into the lease. If the lease provides for no pets except by permission and the oral representation was that you did not need any permission, the lease is likely to control the right to the pet.
The definition of disability includes disabilities that are not physically obvious. So you cannot say a physically able person is not disabled due to epilepsy, PTSD, diabetes, or some other not obvious disability.
This means unless the landlord is not serious about the no pet provision in the lease that you will need a lawyer, as you claim removing the dog is not an option.See question
This question is for an unregulated, privately-owned apt in NYC. I, the tenant, ordered blinds and had the landlord install them prior to move-in. He did so free of charge. I have emails supporting this fact. By lease end landlord and I were no lo...
Dear New York Tenant:
The method you described for hanging the blinds suggests the blinds are a fixture and may not be removed. Similarly had the landlord installed your own shelving or track lighting.
You could have walked out with those blinds in any case had you paid the landlord to uninstall as you would have paid anyone else.See question
At move-out of my unregulated, privately-owned NYC apt, landlord refused to return the damage deposit and instead wanted a forwarding address where he can send it. The lease specifically states that it is to be "returned at lease termination minus...
Dear New York Tenant:
New York security deposit law omits a walk-through as part of the moving procedure as well as a specific time after the end of the lease to return the tenant security deposit. So your lease interpretation is based on the understanding you and your landlord had about due at lease termination. A fair analysis is the time to return the security deposit does not come ahead of the end of the lease and that is the day that a clock starts on the steps to secure release of the deposit from the bank. I doubt a court would suggest a contemporaneous exchange of keys and a check.See question