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Posted by Mark Smith on February 16, 1999 at 09:35:15:

In Reply to: Landlord's unexpected visit and harrassing letter posted by M.O. on February 15, 1999 at 20:32:15:

If this apartment is in New York City, you really have little to worry about, especially if you are rent regulated. If not, the landlord can generally refuse to renew the lease when it expires. The landlord's letter may have been a notice of default / notice to cure required by your lease. If you don't cure the alleged default, the landlord would have go to housing court to bring a holdover eviction proceeding against you. Even if the judge found that you violated a substantial obligation of your lease, you would be given ten days to cure the default under Section 753(4) of the Real Property Actions and Proceedings Law [RPAPL §753(4)].

You should complain to Time Warner Cable and to the New York State Public Service Commission (PSC) if your landlord won't let Time Warner in the building. New York State's Executive Law requires that a landlord give access to the cable company, and this law has been upheld by the U.S. Supreme Court [Loretto v. TelePrompTer].

: One day, the appartment manager visited our apartment unexpectedly, when my wife was terribly sick in bed and asked them to repair the broken air conditioner, probably cause for her sickness.
: Pretending the repair of air conditioner, she look around the apartment and told my wife to dispose the materials in the kitchen. Since she found it hard to move, she had ordered delivery and she had just eaten it. At that day, I was away on business trip.
: A couple of days later, we received the warning letter from the manager, which mentions that the entrance and kitchen areas were not maintained in good condition, and she observed garbage and empty bottles and cans, empty food containers, brown paper bags, etc. I am sure that she could not determine whether we maintain
: the apartment in good condition by visiting for a short time and observing the situation soon after a sick person finished the meal, when most people may have not disposed the materials. I assume that the landlord wrote this letter intentionally to give false impression that we do not usually keep the apartment in good condition. It may be intended to keep some portion of deposit,
: or otherwise, to revenge against our recent complains to them due to their poor quality of services, such as not responding repair request, or not allowing us to use other TV cable companies, such as Time Warner with our own cultural TV programs, or
: making noises at 6:00 am, etc. I really appreciate if someone of you give me good advices for me to fight with the landlord.
: Legal implications would be appreciated.

Follow Ups:

• Re: Landlord's unexpected visit and harrassing letter M.O. 2/16/99 (2)
  • Re: Landlord's unexpected visit and harrassing letter Nick 2/22/99 (0)
  • Re: Landlord's unexpected visit and harrassing letter TenantNet 2/21/99 (0)

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Comments:
: If this apartment is in New York City, you really have little to worry about, especially if you are rent regulated.  If not, the landlord can generally refuse to renew the lease when it expires.  The landlord's letter may have been a notice of default / notice to cure required by your lease.  If you don't cure the alleged default, the landlord would have go to housing court to bring a holdover eviction proceeding against you.  Even if the judge found that you violated a substantial obligation of your lease, you would be given ten days to cure the default under Section 753(4) of the Real Property Actions and Proceedings Law [RPAPL §753(4)].  

: You should complain to Time Warner Cable and to the New York State Public Service Commission (PSC) if your landlord won't let Time Warner in the building.  New York State's Executive Law requires that a landlord give access to the cable company, and this law has been upheld by the U.S. Supreme Court [Loretto v. TelePrompTer].

: 
: : One day, the appartment manager visited our apartment unexpectedly, when my wife was terribly sick in bed and asked them to repair the broken air conditioner, probably cause for her sickness. 
: : Pretending the repair of air conditioner, she look around the apartment and told my wife to dispose the materials in the kitchen. Since she found it hard to move, she had ordered delivery and she had just eaten it. At that day, I was away on business trip. 
: : A couple of days later, we received the warning letter from the manager,  which mentions that the entrance and kitchen areas were not maintained in good condition, and she observed garbage and empty bottles and cans, empty food containers, brown paper bags, etc. I am sure that she could not determine whether we maintain 
: : the apartment in good condition by visiting for a short time and observing the situation soon after a sick person finished the meal, when most people may have not disposed the materials.  I assume that the landlord wrote this letter intentionally to give false impression that we do not usually keep the apartment in good condition.  It may be intended to keep some portion of deposit, 
: : or otherwise, to revenge against our recent complains to them due to their poor quality of services, such as not responding repair request, or not allowing us to use other TV cable companies, such as Time Warner with our own cultural TV programs, or 
: : making noises at 6:00 am, etc. I really appreciate if someone of you give me good advices for me to fight with the landlord. 
: : Legal implications would be appreciated.  


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