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Super making move out difficult

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Super making move out difficult

Postby Lufthansa » Fri Aug 29, 2014 10:34 pm

Hello,

This is my first time posting on this forum, and my first time actually having a landlord problem in NYC (I consider myself very lucky). I am in the process of leaving my market-rate apartment. I am the sole named lessee. My landlady declined to honor and countersign a lease renewal, which is a totally separate, and now lost fight. (I have a new place, so it's settled.) A few days ago, I cleared a lot of my possessions to the curb. The next day, the building's super called angrily, then came to the apartment to tell me that I couldn't (because it wasn't trash day -- which is true, my bad).

However, he then told me that because the next trash day wasn't until well after Labor Day (when my lease ends), that I should leave anything I plan on curbing in the living room, and he'll take it after I vacate. This really, really concerns me. My landlady is very experienced, owns many properties, and plays legally, but very much for keeps. I would not be surprised in the slightest if she took this "stuff' in the living room (which includes a couch, for God's sake!) as not leaving the apartment in good working order, jeopardizing my security deposit.

What is your advice in this matter? I try to keep as much of my contact with her documented, but my super manages many of her buildings, and only communicates with me via phone (I save his voice messages), or in person.
Lufthansa
 
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Re: Super making move out difficult

Postby TenantNet » Sat Aug 30, 2014 4:38 am

When you say you "cleared a lot of my posssessions to the curb," did you mean you put some of your things on the curb because you intended to dispose of them as trash? It's unclear what you mean.

I would not worry too much about the Super's feelings. Believe me, even if you got along, he/she won't worry about your feelings.

Here's the problem. The Super would likely tell you that items left on the curb prior to trash day (usually once a week for residential buildings) could cause him getting a ticket from Dept. of Sanitation. That might happen, or might not.

OK, but then what to do? Leave them in your old apartment expecting the super to remove them to the curb at the correct date? I would not trust him to do that.

1. Your suspicion is correct. The super could tell the LL that you left the place in a mess, forcing him to dispose of your items, and making a claim on your security deposit. (your lease probably says you agree to leave the place in "broom clean" condition)

2. Leaving items in the unit could give the LL cause to claim you have not vacated the place. I have seen many LLs use this tactic to come after former tenants months after they have moved out, falsely claiming they never vacated and therefore were responsible for rent for many months. Some tenants will fight that, but others will just go ahead and pay it to the LL, it being too much of a hassle. LLs do this and get away with murder.

BTW, when you do vacate, I would ask for 1) in writing, a "walk through" so the LL and tenant can agree (or disagree) on any damages, not letting them invent damages later. Have a witness and take many photos. And...

2) give the keys (handing over possession) to the actual landlord and getting a receipt. Many tenants give the keys to the super who then tells the LL the tenant never gave up possession. If the LL won't come over to take the keys, have a witness and take photos.

As for the stuff you left on the curb, since it's already done, I would not worry about it. (but take photos if it's still there so they can't exaggerate as to side and placement.
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Re: Super making move out difficult

Postby Lufthansa » Sat Aug 30, 2014 5:26 am

1) That's exactly what I meant, yes. My bulk trash day is Sunday night, but I needed to get some heavy things out with a friend's help who wasn't available. The super's complaint was over a Dept. of San ticket, as you expected.

2) My landlady is incredibly non-responsive in the best of situations, lives in Manhasset, and my move out is in the next few days. I take your advice to heart and will get on her case.
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Re: Super making move out difficult

Postby TenantNet » Sat Aug 30, 2014 5:38 am

Just make sure you get a receipt for the keys if you give them back to the super. (see who is the registered managing agent on HPD's database -- chances are it's the super). You want to be able to prove you returned possession to the LL or her agent on the last day.
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Re: Super making move out difficult

Postby Lufthansa » Sun Aug 31, 2014 2:38 pm

Update: as predicted the super barged into the apartment today, and threatened my roommate saying that all this furniture would need to be moved for a fee. Hope he enjoys the DSNY ticket!
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Re: Super making move out difficult

Postby TenantNet » Sun Aug 31, 2014 3:11 pm

If he actually barged w/o permission, then call the cops.

Of course the roommate has nothing to do with it - assuming he's not on the lease.

Is the Super saying he will move the furniture back to your apartment and then charge you? I don't see how he could do that.

Some LLs will try to pass something like that on to the tenant, but it's not always that easy. First, check the small print of your lease. Then consider that coming after you might involve some effort. The cost of a ticket is not rent, so they can't file in Housing Court (plus, you would be gone by then). They could bring a case in Civil Court. Small Claims Court would be out of the question if the LL is a corporation. And you should periodically check your credit history and challenge anything the LL reports.
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Re: Super making move out difficult

Postby Lufthansa » Sun Aug 31, 2014 3:34 pm

Just called LL -- she said that we could leave belongings in apt until next trash day. I told her to send me that in a text. Her text read "please remove belongings by Wednesday." My response: "thank you for allowing us to keep belongings in apt after we have vacated how will I enter apt without key?" Her response: "will arrange with super"

Have I bought myself an exit? Or is this even shadier? Sorry for grammar, typing on phone
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Re: Super making move out difficult

Postby TenantNet » Sun Aug 31, 2014 4:07 pm

It's probably workable. Just make sure that any emails you send the LL are self-serving...

Dear LL;

Thank you for allowing me to keep my furniture in my former apartment for an additional two days after I returned possession to you. I understand you are allowing me to do this so I may put the items on the curb for Wednesday's trash collection - and you may avoid a summons from the Dept. of Sanitation.

As we discussed, I aam returning possession to you today, August 31, 2014, the last day of my lease by returning the apartment keys to your managing agent (the super).

You said you would arrange with him to give me access on Wednesday in order to move the items to the curb for trash collection.

If this is not your understanding of the arrangement, please email me at ____.


... so put something like this in an email. Make usre you have a withness to everything.
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