Posted by Blue Zephyr on February 08, 2002 at 00:36:47:
In Reply to: Re: Help! posted by me again on February 07, 2002 at 23:17:17:
More sage advice from "me again". Tenant net clearly off the mark with its reply. Maybe expending so much energy censoring and quibbling with the people who post here is taking its toll.
: first things first, without a lease, neither you nor the landlord have any legal obligation to each other past the next rental period.
: you are not obligated to stay to rent from him, and he is not obligated to rent the place to you. period. i have NEVER heard of a case of 'retaliatory non-renewal' actually standing up in court, and doubt very seriously that tenantnet can come up with one either, to use their own terms, tn is just making noise.
: your friend is incorrect in stating the landlord has to give you three months notice. if there is some sort of agreement in writing between you and the landlord regarding the tenancy, check it out, it is probably the only thing that *may* override the standard 30-day notice requirement for a non-controlled/stabilized apartment.
: as far as the heat is concerned, *not* having control of the thermostat in your apartment is pretty common in older homes which are not set up for multiple zones and meters. you should check the heat guidelines for nyc, but they are pretty basic, and may not offer you much help. if you think about it for a minute, odds are, that your apartment is probably warmer than the one downstairs due to the fact that heat rises, so if you're cold, the guy downstairs must be freezing. talk with him, and see if you can work something out with him, if neither of you pay for the heat, i can't see him complaining any about raising the temp a few degrees. you might also see whatever you can do to allow the natural flow of the heat, maybe open a door or something to somewhere in the building where it is warmer.
: now, for the big picture: your landlord is an ass. he doesn't care if you stay there or not, and he has told you so. you should probably make every effort you can to get out, since the 'unknown' of whether he will renew your lease for the next 30 days will be hanging over you until you do. sorry i can't be much more help than informative, but that's life without a lease.
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