End of lease/Super changed the locks - PART II

[Angela]

Hello, guys. Thanks everyone for your great advice.
yesterday after work we came to the building, check the locks again, and ... went to precinct. There we explained the whole situation. At the precinct they told us go back to the building and call 911. This is what we did. Police came in about 3-5 minutes. They went to talk to super, who was not home, but his wife was.
She told them that he is fishing with his father ( 6pm Thursday outside raining cats and dogs). Ok, fine, they told her give the new key to tenants, she said they did not paid. You know the whole 9 yards. To make the story short she finally found the key and gave it to cops. So we were able to get to the apartment. Today I talked to the attorneys. They told me yes I can sue LL for illegal eviction, but it will take enormous amount of time and money. Actually it is not my intention, I do not need their blood, I want them to leave me alone.
This Saturday we are going to remove what was left in the apartment, clean it a little, take a lot of pictures and return the key.

I have a question, I have wallpaper in kitchen, does wallpaper considered as damage and they can get money for wallpaper removal? Another question, I had a leak under the windows when it is raining, is it my damage??? The same to the leak from apartment upstairs????

Thanks alot, Angela.

[mjr203]

good job.

don't worry about suing them, but definitely see if you can get a police report, get the officers' names/badge #s in case you need them...

regarding the wallpaper issue -- as long as it is in good condition and the wall was in good condition before you applied it, I don't think it is any problem...

HOUSING MAINTENANCE CODE, Sec. 27-2013 Painting of public parts and within dwellings, Part "e":

e. Neither the owner nor a tenant of a dwelling unit shall place wallpaper or wall covering upon a wall or ceiling in the public or tenant-occupied parts of a dwelling unless existing wallpaper or wall covering is first removed and such wall or ceiling is cleaned and repaired. However, if wallpaper or wall covering is in good condition, free from vermin and a coat of acceptable paint or sizing is applied, one additional layer of wallpaper or wall covering may be applied. f. Nothing contained in this section shall be deemed to require the owner of a dwelling to cover with wallpaper or other acceptable covering any wall or ceiling not previously so covered by such owner. When a wall or ceiling of a dwelling unit has been decorated with paper, wood paneling, or other material over which paint normally is not applied, the owner shall be relieved of his or her obligation to repaint or re-cover such wall or ceiling so long as the same remains in a sanitary condition, in the judgment of the department. When the department requires redecoration of such wall or ceiling, the tenant shall remove any paper, wall covering, wood paneling or other material, which such tenant has applied before the owner, is required to clean and repair and repaint or recover. However, if the owner or a former tenant has applied paper, wall covering, wood paneling or other material, the owner shall be responsible for its removal before redecoration. g. The owner of a multiple dwelling shall keep and maintain records relating to the refinishing of public parts and dwelling units showing when such parts were last painted or papered or covered with acceptable material and who performed the work. Such records shall be open to inspection by the department, and shall be submitted to the department upon request.

To whit -- Wallpaper is an acceptable wall covering.

<small>[ September 27, 2002, 12:26 PM: Message edited by: pointerout ]</small>

[mjr203]

I don't think the leak is your problem either.

But again I cannot emphasize enough -- take pictures, have witnesses... take more pictures than you think you'll need from multiple angles. If you think to yourself, "I don't need a picture of that"... take a picture of it. If you have a digicam it costs nothing anyhow... (maybe put a newspaper in the shot as proof of date? or maybe I've just watched midnight run too much)

-POINTER

<small>[ September 27, 2002, 12:28 PM: Message edited by: pointerout ]</small>

[mjr203]

let them take you to court if they want to go that route; if you have a lawyer who can help you with letter composition that might help though... as others have suggested in the past... communicate by writing so there is no questions about what you have said.

Bottom line -- you owe no extra rent $ -- covered by security deposit; any damages to the apt you will fight with documentation and they will not find anything beyond small claims level anyway.

[HAJ77]

Another idea is to video tape the apartment with 1010 WINS or WCBS880 playing loduly in the background since they annouce the date/time frequently. Plus, you can rent a camcorder and it's easy to copy tapes if you need to.

[mjr203]

Originally posted by HJ:
Another idea is to video tape the apartment with 1010 WINS or WCBS880 playing loduly in the background since they annouce the date/time frequently. Plus, you can rent a camcorder and it's easy to copy tapes if you need to.

great idea

[Angela]

Thanks again for great tips. I will defenetely make tons of pictures and videotape everything. Show that refregirator, toilet, range are all working. Open and close windows, etc.

I really hope that after I give them the keys back it will be the final round and I will never hear from them again.

Angela.

[Mr Gray]

I seriously doubt though that they'll sue you for anything.

Especially since you can sue them for "illegal eviction".

The time and money it'll cost to try and collect one penny from a tenent isn't worth it to most LL's/management companies.