Facing Eviction

[sarapat]

1. There is constant construction in my co-op building. [I am a renter, not owner] Some project or another has been going on since Labor Day - sometimes it's the hallways, other times it's individual units doing renovations. There has been constant banging, hammering and drilling over the last six months.

2. I was told by the managing agent there is nothing I can do about it. Basically I have no rights but the renovaters do. The managing agent also allows construction on federal holidays while she enjoys the day off.

3. There seen to be no rules/time limits governing the renovators -they can start when they want, end when they want - going on for months on end.

4. I work from home [because of a disability] and have lost much income over the last few months. I also have not been able to rest/relax during the day and have been getting sicker.

5. I have tried to grin and bare it - but there seems to be no end and the managing agent often ignores my requests to let me know when a project is expected to end. Often she doesn't even bother to answer, if she does she just gives vague, misleading information.

I am wondering if anyone knows whether I have any rights?

[ronin]

Here are the noise rules for construction:
http://www.nyc.gov/html/dep/html/noise/index.shtml

There should be a posted notice at the construction site with a number to call regarding noise complaints. If its not there then it is likely that the LL doesn't have a permit so you can call 311 about a lack of a permit.

Good luck.

[sarapat]

Thank you Ronin. I guess I should clarify. It's renovation - kitchen and bathroom remodeling. They also had demolition on existing walls and then put up new dry wall or something. I wonder if that is technically "construction". Someone told me they do not need permits for that. But it has been extremely noisy for the last 8 weeks and I am not sure what to do. Both managing agent ignore me and say they are not responsible.

[sarapat]

How can I break this lease? Can I just walk out one day and send them a letter saying I could not longer live there because they failed to take action?

[ronin]

Well, I usually concern myself with how to protect leases so I'm no expert on breaking them. But it seems that you might have an argument if the nuisance is pretty severe. Maybe you should call a bar lawyer and get a $25 consultation:

http://www.rentwars.com/helplawref.htm

Good luck.

[TenantNet]

Sarapat, you've now edited your original message six times since you originally posted it, making any responses posted by others meaningless or out-of-context. People are not going to re-read your edited message and edit their responses. Such practice also violates the forum rules - and is a quick way to get the entire thread locked or deleted. Please do not do that.

I restored the original post.

[sarapat]

I'm sorry. I am just so confused and worried. Here's the latest.

I withheld rent for last month due to the prolonged construction next door and just received a letter from the landlord saying that he is cancelling my lease. Is eviction procedure for non-payment same for regulated and non-regulated apartments in NYC or different. I now live in an un-regulated apt. When I lived in a regulated apt. I was served court papers and there was due process in court. Would it be the same for a non-regulated apt. or is a letter from the landlord saying the lease has ended enough to have me kicked out?
The lease states that if it is cancelled via a letter from the landlord he can "(a) peacefully enter the Apartment and remove Tenant and any person or property (b) use eviction or other lawsuit to take back apt.

I thought they could only evict through court and not enter the apt. and remove me before then?

[TenantNet]

The procedure is essentially the same for non-regulated tenants as it is for regulated tenants, but the rights are less. Keep in mind there is no right to lease renewal, so even if you win or settle this case, they can simply refuse to renew the lease the next time it's up. So you need to be careful.

They still must go through court. They cannot kick you out without getting a court decision/order and they can't just enter the unit (although access rules still apply). If you're that concerned, I would change the locks. The landlords remedy to gain access would be to go to court.

When a landlord "cancels" a lease for a regulated tenant, that's usually for a holdover, not a non-payment. It would be a predicate to a holdover case. But holdovers are when a lease is terminated, usually for cause other than non-payment. I can't say for certain that's the case for unregulated tenants. But irregardless, there still must be a court order.

[sarapat]

Thank you so much. What about the clause in my lease that says the landlord can enter and remove me and my possessions?

[TenantNet]

Illegal. Not without a court order. See the section in the Reference Section on Illegal Evictions.

[sarapat]

Whew. Thanks so much.

[ronin]

Thank you Tenant for clarifying that the OP had edited the item I responded to and restoring the original. I was wondering...

[sarapat]

So the latest in this is that I received court papers for non-payment of rent - which I withheld due to constrution next door. However, in the meantime I found another place and would like to move in asap to avoid further disruption and damages to me. I wrote to the landlord that I would like to move until April 15 and that he should use my deposit [which covers rent until that period] and just let me go. He refuses to answer. I don't know what to do. Do I have to stay here or can I just leave?

[TenantNet]

You can leave whenever you wish. The question is will the LL attempt to hold you liable for the remainder of the lease. Since they filed a non-payment, you need to answer the petition and appear in court. There are ways to negotiate when in court, but you need to read up on court procedures and know what to avoid. Do not sign any stipulation that provides for "final judgement" as you don't want to be reported on the blacklist. If you can, get legal help.[/quote]

[sarapat]

Thank you so much. What does it mean "final judgment" - I assume I will have to sign something that says final judgement even if it is in my favor. How will signing something saying "final judgement" get me on the blacklist? I thought I was on it anyway since they filed in court for non-payment.

Thanks for your advice. I was going to leave but I feel now I should stick around and fight it out beause otherwise they can sully my credit and name all because of their doings. I was sitting at home minding my business, paying rent on time for seven years and suddenly they threw me into a hellish and non-stop construction right next door -about a foot away from me. I did not even say anything for five weeks even though it was unbearable noise because I wanted to be fair. But they just started bullying me and ignoring my e-mails asking them when it would end. and this I only asked in the sixth week. So I feel I have been more than nice and suffered much financial loss in the last few months. I was so eager to just get out of this hell hole and find some peace and quiet and recoup my losses - but you are right I fear if I leave they may file something new for the remainder of the lease. AND win an eviction against me although I am the one who really wants to leave. This all seems so unfair. I am the one suffering losses and now I cannot even run to save whatever little money and peace of mind I have left.