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What's left when one leaves

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What's left when one leaves

Postby Luddite » Tue Jun 25, 2013 2:35 pm

I'm a month-to-month tenant of 20 years. LL gave me notice to increase my rent by 46% in June, starting July. I did not agree with this fantasy and so wrote a check ( I was going away) for five months, all at the lower June rent. LL declined to cash my check, returned it with “Void” scrawled on it (though he's accepted multiple month checks before). For a variety of reasons more important than him, I've decided to move and written to him of my honest intention to move by the end of July, for which I would not be proffering rent either. I told him I'd be gone, he didn't have to bother with 30-day notice of Termination. He's served it anyway (via server and regular mail), but the wording at the end of it reads “unless...” I surrender premises on or before end of July, which I fully intend to, he will “commence summary proceedings” to remove me from premises for the “holding over after the expiration of your term and will demand the value your use and occupancy of the premises for the holding over after the expiration of your term and will demand the value your use and occupancy of the subject premises during such holding over.”


My actions have been based on the reference section, e.g.

A succinct explanation of month-to-month tenancies originally posted by NYHawk at http://www.tenant.net/phpBB2/viewtopic. ... 2172#42172

A little known tidbit: a landlord cannot sue a month to month tenant for not paying rent. If the tenant did not pay rent for a particular month, by the above definition of how the month to month tenancy is created, no month to month tenancy was created. In other words, because the tenant did not agree to pay a certain sum for rent for a particular month the landlord cannot sue the tenant for not paying a specific rent amount that the tenant never agreed to pay. Thus, a month to month tenancy cannot be unilaterally created (by just the landlord or the tenant); it takes two to tango the month to month dance.

It cannot be assumed that because the tenant remained in possession he or she implicitly agreed to be obligated to pay the last paid rent amount. That sounds logical, but it is not legal.

The landlord's only remedy is to bring a holdover and to seek use and occupancy.


Questions:

1. As I look at the letter now, it all seems to hinge on the key word “unless”. Unless I'm out he sues for the holding over. I intend to be gone, and so much happier to be away from this moron. I just want to double check, that when I'm gone, he's out of my life and can't come after me or my roommate. Am I correct?

2. I own the washer and dryer in the basement (bought with previous tenants long left). I cannot move them, but I cannot in all conscious leave them for the landlord to take possession. Can I disable them legally before I leave?

3. Going with #2, previous tenants have left and left things behind in their apartments when they have departed. I wish to do the same. Due to the illegal conversion by the landord over the stairs, which I've brought the doB in on, I seriously doubt I could squeeze out a couple of large items, so I'm leaving them behind. Again, is this okay? I intend to return the keys ahead of the end of the month, but I don't want items left to give this creature any opportunies with #1.


Thank you for being such a helpful caring site. You do a great social service.
Luddite
 
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Joined: Tue Dec 18, 2012 8:06 pm
Location: NYC

Postby TenantNet » Tue Jun 25, 2013 4:35 pm

A holdover is when you hold over. He can still come after you, but not for possession. If you owe rent in his opinion, he can go to civil or supreme court.

One thing you didn't raise is your security deposit, if any. Some tenants let the deposit be used for their last month's rent, although technically it's not supposed to be for that. When you move made sure you clean the place, take photos, have witnesses, do a walkthrough and so on.

If you own the washer/dryer, you can do what you like with them, but if you leave them, understand the LL might come after you for the cost of removal. That goes for any item you leave behind.
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clarification needed

Postby Luddite » Mon Jul 22, 2013 1:59 pm

I can now say categorically that due to the illeagal conversion of the attic which lowered the height of the ceiling over the stairs that certain items of my furniture will not be able to be taken down the stairs (I moved these things in 20 years ago; the landlord has built since). The citation from the Dept. of Buildings is current. I am attempting to move out but thwarted by his illegal building which has halved the stairwell clearance. What rights do i have? Can you suggest options?
Luddite
 
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Location: NYC

Postby Emeraldstar » Mon Jul 22, 2013 11:39 pm

Hi All
Dismantal appears to be the option for removal of the larger items. Just know that if a service is hired & dismantel prior to remove it will cost the LL more than a dumpster. I did read that items were left by others. See if you can ascertain if the LL charged/went after them? Though I'm with you...that dumkupf of an LL certainly set themselves up for it!
Is selling the items at discount $ due to dismantel/remove an option? As for the washers I've see scrap metal collecters take those items for nothing & I would think they dismantal as well to get it out. May be worth a check?
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Postby TenantNet » Mon Jul 22, 2013 11:45 pm

Dismantle ... ouch!
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