I'm a new landlord of a renovated brownstone in Brooklyn, New York. I have a tenant complaining about the noises such has footsteps, loud talking, and banging sounds from the unit above him. I've been actively trying to remedy the problem. Tell...
Dear Brooklyn Property Owner:
Generally, an owner is not compelled to re-build a house to accommodate the over-sensitive tenant bothered by every normal sound made by a neighbor. Your "improvement" in the upper apartment was more than the "law" could compel especially if the upstairs tenant is not a nuisance and did not affirmatively go out of his way to make noise and interfere with the comfort of the complaining tenant.
I'm uncertain how you describe the building as "renovated" and "old" with thin floors. Perhaps you could look over the renovation plans.
Discuss with your architect or and and a noise abatement expert before you embark on tearing down ceilings to solve a problem that doesn't exist.
Its up to you to abate rent for the tenant. You are not likely in a zone of breach of the warranty of habitability if you rebuild a ceiling over a couple of days.See question
I have been live in my apartment for all most 4 years. Me and the landlord are friends but in the beginning of the winter we had a problem with the heat. She gave me a such hard time saying she was busy and I ended up having heat only in the begin...
Dear New York Tenant:
Without a written lease agreement with your old former friend, and now only your landlord, the "terms and conditions" of the agreement about your tenancy run only from one month to the next month. So with a month to month tenancy, a landlord's acceptance of rent, even when paid late, ends for that month the "entire" rent obligation. So there is no right to "silently" carry forward accumulated and unpaid late fees. That doesn't really help you. Your landlord is free to declare the next month rent is double or triple the rent for this month. If you don't agree, that ends the tenancy. You could wait for your landlord to serve a formal written thirty day tenancy termination notice, or recognize that if you and the landlord cannot come to an agreement on rent, eventually the tenant loses and must move, even if the tenant waits for a Housing Court judgment to do so. But the landlord continues on and owns the building, and eventually secures a new tenant.
You are entitled to heat. You do not need to suffer in silence. You could bring the fury of the City down on your landlord for not providing proper legal heat. If you want to do so, call 311 and make a heat complaint.See question
Moved in 6/2016. Gave standard lease to landlord to look over. landlord never initiated written lease. paying 2,300/month plus all utilities in the rental property. all utilities are in landlords name because i cannot produce any documents stipula...
Dear Freeport Tenant:
Your landlord doesn't value your tenancy if you are threatened with eviction over a one week delay paying the December rent. By the time the landlord gets to serving a written rent demand, you would have paid the rent.
If your landlord is so bent out of shape over a one week delay, and would choose instead to end the month to month tenancy, it seems to me you could lose the incentive to pay this month and the next as you go about planning to move out before January 31.See question
I applied for a one year lease and stated as such in my rental application which I still have (marked with lease length 1 year and start dates accurate regarding a 1 year lease). The lease form unfortunately has start and end dates all throughout ...
Dear New York Tenant:
I can tell you that you will not secure reliable opinion on the term of the current lease based on the information in the question. An attorney should look over the lease.
In any case, with the management company staking out the position that you have a two-year lease, you cannot rely upon an argument that the ambiguity of the lease is a product of a mutual mistake. While the general rule is that an ambiguity in a contract is construed against the author, there is significant difference between an error that may be overlooked ( a so-called "scrivener" error) and an error that one side (your own) claims is not the original intent of the parties, since the other side is now willing to embrace the "lie" as "truth."See question
Rent will be late 1 week. Landlord threatening eviction. Is a notorized letter from landlord all that is required, or does he have to file a petition for eviction in Nassau County Courts?
Dear Freeport Tenant:
A "notarized letter" is not a component of a landlord proceeding to evict a month to month tenant. If your landlord properly terminated your month to month tenancy today, the landlord could not even start a court case ( a summary holdover proceeding) until the first business day in February 2017.
Do you believe your landlord is willing to skip all this rent to end your tenancy?See question
My landlord has not send me a lease in two years but continued collecting rent money. Today I got a lease that dated from September 2014 I also got aletter that says if I don't sign the lease within two weeks they will take me to court. What do I ...
Dear Flushing Tenant:
If your tenancy is Rent Stabilized and you and your landlord forgot about the need to renew your lease two years ago then it may be your landlord found out that your rent cannot increase legally without a written record of renewal leases.
If so, your landlord is going about this need to renew the lease in a wrong manner.
But you have the document dated 2014 and the letter so there's no point having an attorney guess what's going on. Show those papers to a lawyer.See question
I have had confirmation of this suspicion by two people - one who works in construction, one who has a Power Generator at her house. Based on the level and type of Noise coming through to my apartment - they say it is a Power Generator. Powe...
Dear New York Tenant:
All portable electric generators designed for emergency backup during a power failure, for use at a job location, for camping and RV use, running on gasoline or propane produce lethal levels of Carbon Monoxide when operated in an enclosed location. The user would quickly lose consciousness and soon die. Backup electric generators cannot run current over the same circuit when the circuit is energized by the electric utility company. An ordinary apartment has circuits set up to power almost any appliance and tool ordinarily run on electricity.
Fumes from a generator running inside an apartment would set off smoke alarms and CO detectors. The fumes will penetrate into the public hallway.
The user would be caught transporting gasoline and propane into the building.
Something is making noise next door. Perhaps a medical appliance.
But if you are certain your neighbor has a portable generator the machine cannot be concealed as quickly as you believe, along with the necessary electric cables and portable gasoline containers and propane tanks. If your neighbor is engaged in this dangerous activity a visit from the FDNY should root it out.See question
My landlord sent me a new lease that I signed and returned. I have been paying the increased rent amount based on the new lease that was backdated to July of this year. He has been accepting these payments, and has given me no indication that the ...
Dear Brooklyn Tenant:
You will need to invest in an attorney to "prove" the lease and keep your home. If you convince the Housing Court that you are entitled to pre-trial discovery you may very well nail down your landlord's story of concealing the malfeasance in counter-signing the lease. The court may "decide" this was nothing more than a "ministerial" act and that the landlord's "signature" is deemed based on the fact of collecting the hire rent. You would argue that this situation differs from the signing and delivery of the initial lease that is a foundation of the tenancy. Here you are in possession.See question
Am awaiting a trial against a tenant for non-payment. I'm trying to foresee what the outcome may be if I lose (trying to think of the worst case scenario here). The lease has expired (as of writing this now). All I care is to regain my apartment i...
Dear New York Landlord:
At least as the landlord you still own your building and the right to recover possession in a summary holdover proceeding if the tenant doesn't move out at the end of the lease. A landlord unlike a tenant survives a muffed or blown case to come back again and again to secure a judgment for possession.
About losing your nonpayment case. If you lose on the merits of the case the rent claimed is gone forever unless you pull out a win by a reversal on an appeal.
If your lose is due to your inability to prove your prima facie case, that sort of lose is usually "without prejudice" but is embarrassing since you alone have control over proper presentation of the basic rudimentary evidence necessary to establish the facts pleaded in the petition. A lose like that does not make s final determination on the underlying rent claim and allows you to sue again.See question
On Oct 31 my lease ended. My landlord was notified 30 days in advance that I wasn't renewing my lease. Two roommates stayed, and two of us left. The landlord asked us to find replacement roommates, but told us they would post the rooms by a cer...
Dear Brooklyn Tenant:
I gather you and four others signed one lease with a building owner and the term of the lease ended October 31.
Generally, it is illegal for a landlord to rent out individual rooms to independent tenants in one apartment. NYC local law makes illegal the business practice of taking one apartment with multiple bedrooms or rooms and separately renting those rooms with distinct leases to unrelated persons.
Generally, in a normal lease where a landlord has no say who occupies a particular room in an apartment, one tenant among a group is as fully responsible to the landlord for properly complying with the terms of the lease as is the entire group.
You must have an unusual lease to begin with where three tenants in a group of five move at the end of the lease and two remain as "new" tenants with the same landlord in a new lease, but somehow retain obligations to replace themselves to form a new group of five. In a normal world the landlord couldn't care less if two tenants pay the whole rent or one or five. If the landlord signed a new lease with two old lease tenants it becomes their obligation to pay rent; but no tenant ever has a legal responsibility to populate a successor tenancy.
But you described a totally illegal rental business by your landlord.
I suggest you follow up with an attorney.See question