Posted by John on December 05, 2001 at 15:53:23:
In Reply to: What is weight of LL signed letter? posted by No Serf on November 20, 2001 at 11:28:13:
Ok, if I understand this:
1) You lived in an apartment for a year with a lease.
Q) From whom? Landlord, sublease or what?
2) Your lease expired and it was renewed with you as housemate?
Q) How is that possible? You were put on someones lease as their housemate?
3) When you say :In the two months under his reign there was endless major construction and he behaved with a lack of respect for me and my privacy. He also passively threatened me with abstract but significant rent increase (with witness).
Q) Do you mean he took over as primary tenant?
Q) Where was the managing agent/landlord in all this? Who do or better did pay rent to? And are they the real owner? In my opinion you were moved out illegally.
You better get a lawyer, I can't help you here. You should not have given up your apartment and/or rights.
: I have a question re: the legal weight of a letter.
: I recently moved from a five unit building in Brooklyn. After I had lived there a year with a lease, my lease expired at the same time another tenant bought several apartments including the one I lived in.
: He refused to give me a lease, told me I would be referred to as a "housemate" in legal documents, and my deposit was passed to him via the management company.
: In the two months under his reign there was endless major construction and he behaved with a lack of respect for me and my privacy. He also passively threatened me with abstract but significant rent increase (with witness).
: Although I loved the apartment, when an opportunity to move arose I took it, giving him two weeks notice. The following day I received a signed/dated letter from him acknowledging my notice, and stating that he would return my deposit in full, pending only that I finish business with gas and electric companies and leave the apartment in good shape, which he has agreed (via phone message) that I have done.
: He was happy to do it as he imagined he could rent my apartment for significantly more than I was paying, but since that has not been the case, he has decided to return none of my deposit.
: At the advice of the Tenants Council I have filed a small claims suit and would like to know the following:
: Does the document he wrote act as a relinquishing of his right to 30 days notice?
: Does the situation that lead me to leave have any bearing?
: Any advice on how to prepare for court?
: Thank you-
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