TenantNet Forum

Where tenants can seek help and help others



Landlord Flooding Me to Gain Access

Rights for non-regulated tenants

Moderator: TenantNet

Landlord Flooding Me to Gain Access

Postby Cazmia » Sun Oct 27, 2013 3:15 pm

I can't believe I have to ask advice on such ridiculousness. A new landlord who has taken over my building, and who is trying to evict me, because he wants A LOT more money for my apartment has hatched a new scheme to get me out.

He has told me in the past that he wants into my apartment and will use these means to evict me by finding any issue he can. Naturally, I have denied him entry after the altercation that led to his angry slip of the tongue.

He has now resorted to using an empty apartment upstairs (from other tenants he has recently evicted) to FLOOD my apartment. Now, he won't stop calling my cell phone, saying he needs to gain entry immediately, because the water coming from in between my walls is damaging the ceiling downstairs.

I know he means to sabotage me and act as if any damage that occurs is somehow my fault, by now using me refusing to allow him into my home to " make repairs" as grounds to evict me! The worst part is, I HEARD him tampering with the pipes and I know that, although he is routing the water through my apartment, the problem can only be fixed by him stopping what he is doing upstairs.

I can't believe this person is ruining his own property to get me out! Is he INSANE??

Is there any hope, or can he force his way into my home by way of water, ruining the apartment beneath me and my own apartment and trying to make me liable? He says if he comes in, it will be with a camera and with whomever he wants to bring in with him and I have no say in the matter unless I am physically stronger than him.

The police have said this is out of their jurisdiction and hpd only logs complaints. Do I have to let him in?
Cazmia
 
Posts: 159
Joined: Sun Nov 12, 2006 8:05 pm

Postby TenantNet » Sun Oct 27, 2013 3:40 pm

LL's will demand access because they claim it causes damages to units below yours, but will ignore your claim of damages to your apartment. My LL has tried that. Years ago they had plumbers who said they wanted to tear apart the ceiling of my unit, but the leak was in the floor. It was also a few months after I had complained, yet they tried to use the "emergency" ploy. And in a letter I asked the Managing Agent that if they were going to use the "emergency" ply, then why didn't they shut off the supply of water when they first became aware of it. Has the LL stopped the water causing the flood yet?

If the flooding is coming from above, then they need to first stop it there, and make repairs above your apartment.

Problem is you are running the risk if giving the LL grounds to seek your eviction if you deny access.

You can limit access in several ways... only so many people at a time (let him come in with 2 people total, not a crowd), do not allow him to take photos, insist that you must be there, have your witness or plumbing expert and so on. You can also tape anything that happens on his access (video or audio, or both). But if he becomes aware that you have a tape, he might be entitled to it if it gets to court, so get a nannycam.

You can also insist on the access rules be followed regarding notice. See the two threads on access rules in the Reference Section (link above)

I would be very careful in denying access. Insisting on the rules is one thing, but denial can put you in an even worse legal situation. Consider that the LL WANTS you to do this.

And if his claim appears to have some merit to others, he can claim it is an emergency and force his way in. If he is really doing this, he will also try to hit you with the bill and he will have his plumber say that it was you who tampered with the pipes. So again, be careful.

What evidence do you have that the flood was caused by the LL? Can you proved he tampered with the pipes?
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9157
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby Cazmia » Sun Oct 27, 2013 4:49 pm

What constitutes an emergency if he wanted to force his way in? Can my privacy really be violated in such an abrupt manner? He has not shut off the water, because it isn't a leak. It is a gush of water that he causes to come down only when he manipulates the pipe in the apartment above mine. Everytime I hear his footsteps in the apartment and the pipes shifting and banging, then the water comes down, about a gallon's worth.

Then it stops until he returns and does it again. Each time, everything in my cabinet in being damaged, the drywall in my kitchen is literally melting away. I do not want this person in my apartment at all, as he is already trying to evict me.

My lawyer says he has a VERY weak case, because I have a lease and have never missed rent. I am always at work, and a year and a half ago, the SAME exact thing was done to me and they are now doing it again..The apartment is ugly, smells like mildew and I want to leave..but I am using the time until the end of my lease to apartment hunt and he won't leave me alone long enough to pursue that.
Cazmia
 
Posts: 159
Joined: Sun Nov 12, 2006 8:05 pm

Postby TenantNet » Sun Oct 27, 2013 5:25 pm

You posted in the non-regulated forum, so I'm assuming you are not rent stabilized.

What is odd is why the LL would be going through all this when all he has to do is wait for your lease to end, and then not renew it.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9157
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby Cazmia » Thu Oct 31, 2013 5:19 am

It may be because I have a 2 year lease unil the end of 2014 and he sees this as "encouragement" to move.
Cazmia
 
Posts: 159
Joined: Sun Nov 12, 2006 8:05 pm

Postby Cazmia » Fri Nov 01, 2013 9:14 pm

I just won a holdover eviction case against my landlord yesterday. It as dismissed. As we left the courtroom, he handed me a 90 day notice to quit.
Today, he gave me a notice of inspection. It says if i dont make arrangements ti let him and give him a copy of my housekey, he wll evict me.
Which of the notices supercedes th e other? Can he evict m before 90 days if I don't let him in? I told the judge at the holdover that I wouldn't let him in because I was sure he was lookng for any reason he could find to get me out (clutter, etc..) and the judge turned to him and said he needs a reason to get in, not just because he wants to.
He is also demanding an extra $7000 on top of the 4 mnths rent he has already accepted from me, claiming the section 8 fair market value of my apartment is double what i paid.
Isn't a fixed rate the whole reason i have a lease? His goal is to make me breach my lease by not letting him in, but if I do he will find a reason to evict me because he's lookng one.
I'm not section 8, either. I work and pay my rent without any help, so what would the Section 8 fair market value have to do with it?
Cazmia
 
Posts: 159
Joined: Sun Nov 12, 2006 8:05 pm

Postby Cazmia » Fri Nov 01, 2013 9:48 pm

Additionally, is him asking for access to my apartment ONE TIME and threatening to evict me if I refuse even enforcable? I thought it would be necessary to refuse multiple times (unreasonable denial of admittance) not once...I am not getting the "peaceful habitation" as promised by a clause in my lease. What are my defenses for HIS breach of this clause via constant harrassment?[/i]
Cazmia
 
Posts: 159
Joined: Sun Nov 12, 2006 8:05 pm

Postby TenantNet » Fri Nov 01, 2013 10:17 pm

Congrats, but it's not really a win. It's a dismissal, probably due to some error in his case, not necessarily the merits.

As for the two notices, what does your lease say about notices? Read the fine print. Does it say that all notices must be by certified mail (some leases say that). Did the landlord give you the Notice to Quit, or was it the LL's lawyer? I can't say if that is improper service. Some notices are required to be served in the same manner as a Petition, and that means by someone who is not a party to the proceeding.

As for access, read the rules in our Reference section. You can hold him to certain times, when you are there and so on, but eventually you will need to give access. Yes, the LL has a right to an inspection even if it is a fishing expedition.

If the dates demanded don't work for you, then give him alternatives. (the issue of the key might be moot if you give access). And be sure to hide anything you don't want the LL to see. Also, without a court order, he can't take photos. And you can limit the number of people in at any time.

Chances are it would take longer than 90 days to evict you for non-access. But the 90 days notice is just the start. If you don't leave by then, he will commence a proceeding. I would also look to see if the Notice to Quit is in the correct form as a Notice of termination (of your lease). As long as you have a lease, he can't just terminate it without cause.

In the long run, if you can't make up, he will get you out. The reality is that you could end up on the blacklist, so consider finding a new place before that happens.

I don't know too much how Section 8 works, but I suspect that's a weak case. Yes, on a renewal lease, that can change. And yes, if you're not Section 8, that's immaterial. Did you tell the judge that you're not Section 8?
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9157
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: No registered users and 1 guest

cron