Sneaky Landlord

[Sammy]

I live in Queens NY, private two family home, first floor apartment for 15 years, rent unstabilized, no lease. Landlord has been doing lots of remodeling (construction work) in his apartment including sledge hammering until 9:30pm on weekdays. He has ripped out the floors and walls. I get up at 5:00am for work and so does my husband. On 3/26/02 my husband came home from work at 6:30pm. Considering there was persistent banging by not one, but more than one individuals, my husband asked him very nicely if he would stop the hammering until after dinner (7:30pm). His reply was "No" and that he has to finish tonight. He also said if he stops he is going to fall asleep and not finish. My husband asked again and the landlord said ok I’ll stop for you (sarcastically). My husband & I went out and came back @ 8:45pm.

Its now 9pm. The banging continued. My husband knocked on the door and asked to stop the banging its getting crazy. They refused. So, my husband and I called the police. The 911 operator even heard the banging over the phone. Police gave him a warning and this is on record. The landlord's wife actually asked if they could continue because they have contractors coming tomorrow to lay down new tiles on the floor. The police told her that she could continue, WITHOUT THE NOISE. Mind you, all this construction has been going on for about a month and a half now. The police came last week on Tuesday. This past Tuesday, the LL came downstairs and asked us to move within 30 days (by end of month). My husband told him that is not enough time, but the LL said his daughter is moving in. He has his niece from Greece living in the basement, paying rent!!!

I am a very brittle diabetic and this family has caused me such stress, I ended in the hospital from skyrocketed blood glucose sugars (for a couple of months). My husband and I got married this past September and he raised the rent two days before our wedding by $150.

Also, since I have been living here, he has been charging me for hot water. I pay my own gas and electric. The ConEd bills were $150+, but when my husband and I married, boy did the ConEd bills drop. I still have all statements from ConEd for past year or two. The LL never lets ConEd in to read the meters. The LL either calls the meter readings in or we get an estimated bill. ConEd said, that I am not being charged for the downstairs illegal apartment. How can I be sure? I do not trust this LL.

Can he actually evict us just because we made a complaint?

[<astor>]

YES you probably will be evicted becuase you have NO LEASE.

all you get is a 30 day notice , 60 if you paid 2 months security or paid a last months rent

But a shared meter is ILLEGAL and if you are paying for the landlords electric, then its called "Electricty theft" and is is a CRIMINAL ACT!

read this..........then call con ed get all your bills together, and coned will force him to let them read the meters...

http://tenant.net/Rights/Utility/utilch08.html

Remember as strange as it seems it is NOT illegal for the landlord to live in the Illegal baesment aprtment, what is Illegal is...... if he RENTS it out.

[<Red Zephyr>]

Not sure what I can tell you. You obviously don't like the apartment, or the landlord, and you feel your rent is too high, and you called the police on him. Now he tells you to move out -- and you say you want to stay? Makes no sense whatsoever.

Sounds like you just want to fight with the landlord and make some point in winning a "battle". Unfortunetly for you, your landlord is the only one who will win here.

I'd suggest you look for a better apartment and move while you still have time. Consider larger, professionally managed apartments - while not universally better, they are usually not under the whim of one person. Good luck.

[Sammy]

We are not looking to fight with anyone. This family does not have respect and obviously they are looking for trouble. I have lived here a long time. I have, on my own, fixed this apartment up to the extent I have spent a couple thousand of dollars. I had the wood floors done; because there are alot of drafts in the apartment, we had the cracks between the floors fixed because the landlord doesn't do it. Why, I don't know.

I have a two bedroom apartment and only pay $850 a month. It's a beautiful apartment. Obviously he wants us out so he can get more money for the apartment.

We are decent people, extremely clean and take very good care of this place. We even keep his backyard neat (sweeping, etc).

So, please don't even say we are looking for trouble. He broke the law by disturbing the peace at 9:30pm.

[<astor>]

........None of this matters.........

The only thing that matters is you have NO LEASE.

So you are entitled to a 30 day notice to vacate.

Now did you contact Con Ed about your electric bill? Did you see if there are 3 electric meters?

And one final note, why do you spend YOUR money on the landlords apartment and then EXPECT it back? I am always puzzled by this.

[Sammy]

I do not expect for him to pay back for the floors, etc. What I expect is a little respect and that is what I am entitled to! When I put my ceiling fan on, he always complains it makes to much noice, he asks that I turn if off and I do. Mind you the ceiling fan hums very little. The fact is I turn it off, because I respect other people.

Secondly, my husband is checking into ConEd and thirdly, I have no way to get downstairs to see the meters they are in the basement apartment. But on Monday, I will request ConEd investigate. My husband told the LL several months ago that there is a problem with the meters because we are paying way too much and the landlord asked him not to, or something to that effect and that he does not want ConEd in the house. He must be hinding something, don't you think?

Fourthly, you CANNOT just through someone on the street, it is CRIMINAL and he will be put behind bars if he does so. It's the law. I have been told my the Department of Buildings that I have 3-6 months before I have to get out. Again, it is against the law to throw some one on the street.

Fifth, Again I am not looking for trouble, however, I must stand up for my rights as a tenant. I am trying to live as peacefully as possible, all of this stress throws my blood glucose level to different levels. I don't look for trouble.