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I am disabled, landlord not renewing lease need help

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I am disabled, landlord not renewing lease need help

Postby Queens28 » Mon Jun 23, 2014 4:20 pm

Hello,

Short question first, longer explanation after..... Is there protection for a disabled renter who is subletting from a co op owner who has been given an extremely short notice that the lease will not be renewed, when the renter was given the impression they had another year?

I rent from a co op owner in queens, I am disabled by illnesses and live here wiht my husband and two children. We rented this building from the owner who moved out of state. She used a realtor, the realtor told us we could stay three years, the max allowed by the board, then be given first option to buy. When we got to her office to sign she informed us the lease would be yearly but it was just a formality, the owner wanted us to stay three years then sell it to us hopefully.
After one year the landlord contacted us and asked if we wanted to buy. We said no, we still want to wait the three years to make the decision. She said ok and sent last years lease.

Lease started aug 1st. On May 29 we got an email from her stating " I am sorry but my situation has changed I cannot offer you another year in the apartment your lease ends July 31"

We emailed her asking for two additional months because it is impossible for us to move that fast largely due to the fact that I am disabled....I went to my specialist he did an exam and said under no circumstances am I well enough to make this move ( the stress, but mostly the physical labor or packing, moving etc) he wrote a letter to the landlord which I emailed. She told us she would be happy to work with us but the board does not usually approve leases for less than a year. She also claimed she was never going to offer a third year, (then Why apologize and tell us things had change? Obvious lie). She ignored three emails form us asking the status as it was now into June.

Today (June 23) I got an email form her saying she talked to the management company, they said it's up to the board but they do not have a precedent for short leases. The board meets once a month which isn't until the first week of July so the landlord said you have to plan to be out July 31 as she doubts the board will decide to let us stay two months. Before I got her email I sent my own letter down to the board president mailbox explaining and asking for help and the two months, we have as the landlord agrees been model tenants, never been late never had an issue.

It is literally impossible for us to move by July 31. As it is this stress is giving me heart palpitations, angina and I have to see a cardiologist tomorrow. I will end uo hospitalized if I try to force myself to do this and mu husband works very long hours and can take a few days off but not enough. I also have no child care when school is out this week and we have very little help from anyone with kids or finances to hire me help.

Before we end up in court..which I am terrified of because who would rent to us after that?!? I need to see if I have any rights as a disabled person..if there is anything we can do to work this out? We have never had a landlord issue like this and are really scared of how this will go on....thank you

Ps. I might add we have put up with dirty carpet and walls when we moved in, her furniture was not removed in time for us to fully move in, she had her daughter who has a key come in without our permission to remove her things, we've had horrible roaches and mice and an extremely loud and rude neighbor. She knew all of this, I know it's probably neither here nor there but we've just put up with so much and we've never complained or caused an issue.
Queens28
 
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Re: I am disabled, landlord not renewing lease need help

Postby Queens28 » Mon Jun 23, 2014 4:22 pm

Also, the realtor we used told us it was a three year real agreement, not two for what that's worth. It was NOT a misunderstanding. And we were never offered the chance to buy the apartment, not that we want to now due to the above issues,.
Queens28
 
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Re: I am disabled, landlord not renewing lease need help

Postby TenantNet » Mon Jun 23, 2014 4:50 pm

On August 1st, the Marshalls are not going to come and put your stuff on the sidewalk. The LL would need to take you to court. Chances are they don't want to go to court either, and that might be where some negotiation comes in handy. It doesn't matter so much in our opinion what the board says. Your agreement is with the LL. If the board doesn't like it, they will take it up with the owner.

That you're disabled might help with negotiations, but I don't think it gives you additional rights. OTOH, your husband may need to take time off. They did send you the notice in the late May, so you've already got 60 days.

In all the emails or other communications, is there anything that speaks of three years? That might help if it's ever litigated.

Keep in mind that you're not asking for an additional lease for 2 extra months. You're seeking them not taking action, so you would be living without a lease for that time.

And if they do take you to court, well, nothing happens in August, and if might take 1-2 months for the case to be served and for there to be appearances. If you have a lawyer, the better. Remember, it's a question of delay.
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Re: I am disabled, landlord not renewing lease need help

Postby Queens28 » Mon Jun 23, 2014 5:32 pm

Thanks,...my husband is an attorney but has no experience in housing issues. If we were not out until September or so would future landlords know we were in housing court? Do I ask the landlord now if we can just be here with no lease? I doubt she wants to anger the board. I don't think we have anyhting in. Writing about the three years. I might ask the agent if she has anyhting in writing. Sorry about my typing I have cognitive issues
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Re: I am disabled, landlord not renewing lease need help

Postby TenantNet » Mon Jun 23, 2014 5:57 pm

If your husband is an attorney, then he knows the value of being represented, and probably can afford a tenant attorney. As for the blacklist, it's my understanding that your name only goes on if you lose a case at trial. But you should doublecheck that. Jamie Fishman is the tenant attorney (advertises on this site) who has the most experience with the blacklist. Consider, at lease, a consultation with a tenant attorney.

I would think that now you will want to negotiate an extension, but don't take the board's assertion - or your LL's assertion - that you absolutely must be out by August 1.

The agent is not your friend in this - they won't give you ammunition.
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