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Rights for non-regulated tenants

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Advice needed

Postby bkjones » Thu Jun 25, 2009 4:12 am

My apt. is a brownstone duplex w basement & backyard utilities incl. I have been living here w/ my daughter & 3 pets for 31/2 yrs. LL never gave me copy of lease. I pd 1st, last, 2x deposit, & fee.
Financial problems followed an accident and in 07 I fell behind 3 months. I have caught up 2 months, but to date stil owe 1 month. I am also currently with holding this month's rent due to situations described here.

Do I have any legal tenant rights re. any of the issues listed below?

1. Burgle attempt left iron entrance gate on garden level damage. Now easier to get in wo key than w. LL has known 2 wks, no repair.
2. Upper level dwelling door is hollow core door, the lock on brass door knob is only lock. I have asked for this to be replaced w/ solid safe door w/ proper lock. No replace.
3. Advised LL about termite infestation in basement 2 yrs. No action taken.
4. 07, roof came off bldg due to shody skylight work. Left open to elements for many days since it couldn't be repaired in rain.
5. LL unpaid gas bill resulted in loss of hot water & cooking gas for 6 days last wk.
6. HVAC unit broke spring 08. No repair left us w no ac 4 months. Central air supposed to be incl. in rent. I pd $250 4 repair est. LL never pd back.
7. Unit is rented as 2 bathroom, but one hasn't functioned. Initially toilet leaked in wall, floor, & basement. No repair. I fixed months later $550l LL no compensate. Soom after sink breaks. I give up on 2nd bath.
8. When HVAC broke, basement flooded. No action taken. This lead to mold growth in basement.
9. Decades old food is mold & rotten in dead deep freeze. LL won't remove from premises.
10. No c of o for bld. Listed as 2 family, but LL added 3rd apt which has only scuttlea access to roof.
11. Heat unit breaks, LL slow to fix leaving us in mid winter 2 wks no heat.
12. Broken window not fixed.
13. No smoke or cd detectors.
14. We are suffering illness I believe to be caused by mold in basement. Upon learning this, LL sends guy to clean basement. He advises to let him know after I've emptied my things. No air sampling is taken, no test of HVAC system. Can I be compensated for items I've had to throw out, or for the truck,movers, & storage locker I will need to remove my remaining items so he can return & do whatever he's going to do? Can I deduct expenses for dr. appts, and odor & mold killing remedies I have been doing on my own?
15. Top floor tenant is freind of LL. I believe he covets my apt. & has begun to act in bizarre & disturbing manner. Incl. leaving racial messages at my door & pooping off his illegal add on unsafe balcony. The poo lands on the roof of my sun room, right off my living room window. Rain is causing runoff into my garden seating area. LL dismisses my complaint & request 4 this 2 b cleaned saying it's probably my cat. Despite the photos I've emailed showing human feces 1/2 the size of my cat! I am afraid of upstairs tenant.
16. LL doesn't provide code for duplicate entrance key 4 family member.
17. LL won't install lock on garden level interior door.
18. No super for bldg, I soley have done all garbage, snow removal, bulbs 2 lts, sweep outside to curb, clean entry & hallway. No compensation.
19. Upstairs tenant dislikes my dogs & LL threatened to evict if I don't remove them. One is on lease, one is new. She rescinded threat when I reminded that I have a pet clause. However, I don't have copy of lease so I fear this issue will come up again.
20. Rust damage on both cellar doors is allowing rain to pour into basment in 2 location, furthering the dank, mildew, mold problem. No repair as wks go by w/ constant rain.

I am a single mom w 2 dogs, 1 kid, no savings, & not the best credit. It seems impossible that I can move. I have looked at 50 apts. HELP!
I can go on, believe it or not, there's more. I have felt embarrassed that I am behind 1 month, so I have been extremely tolerant of this up to now. LL is lawyer. I prefer to avoid court or formal complaints if possible.
I want to know if I can legally with hold rent pending repair of any of these issues? Can I stop paying rent due the lack of c of o issue? Should I suggest agreement where I will pay no further rent while looking for new place in exchange 4 my silence & departure? R there laws concerning putting poop at someone's window? LL is hounding me for June rent & I am stalling cuz I am fed up and if I find a new place, I will need the money. LL still has 2 months deposit. Can I use that as last month's rent?
bkjones
 
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Postby TenantNet » Thu Jun 25, 2009 4:47 am

Any way you can say all that without writing a book?
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Postby bkjones » Thu Jun 25, 2009 8:14 am

lol. and this is the condensed version! I guess I could make ea. problem & q's a different subject.
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Postby TenantNet » Thu Jun 25, 2009 2:42 pm

No, it's not LOL. When we asked you to condense your post, it's so people will take the time to read it. It does not mean you should break it up into 20 similar posts.
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Postby bkjones » Thu Jun 25, 2009 2:48 pm

well how else can I find answers to these question?
You didn't want to see it in a long post so I made 1 or 2 paragrapsh of the more important parts and reposted so no one has to read the book version. How else do you suggest that I present these q in this forum then?
No need to be rude, I am stressed as any tenant would be in an unstable & unhealthy living situation and I want to understand the law & my rights.
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Postby TenantNet » Thu Jun 25, 2009 3:04 pm

It has to do with the number of questions, whether in one or 20 posts, it's still 20 questions. Some are variations on the same thing (although I can't bear to read the entire list). No one here has the time to research and answer all that. Try one or two a week. Do some of your own research. Many of these issues have come up time and time again. Search the forum. Look at the reference section. Look at the rest of the site.
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Postby queensborough » Fri Jun 26, 2009 7:13 am

You have a lot of violations. Call 311 and file a complaint. You have a right to live in a safe environment, and this doesn't sound very safe.
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Postby Cranky Tenant » Fri Jun 26, 2009 11:13 am

You should keep in mind that, without a lease in an unregulated apartment, you're a month-to-month tenant, and the landlord could serve you with a 30 day notice at any time.
I'm a cranky tenant NOT a cranky lawyer.
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Postby bkjones » Sat Jun 27, 2009 12:42 am

Thanks for the responses. Sorry if my complex post gave anyone a headache. I appreciate the suggestions & advice. I had hoped not to go the 311 complaint route & certainly not a day in court. If I get backed into a corner, I will do.
I had researched archives re. c of o issue, but found the information confusing since there are so many variables. If I understand correctly, she can not legally charge money for any unit even if mine is considered legal. But she could win an eviction with no award for money. Hope I am understanding that properly.
I have decided to move, but I have to stay thru July to save the money for a move in August. Hopefully LL won't seek eviction. I did tell her if it's a choice between being homeless or owing her money than it will be the latter. If I find a place for August I will simply have lived out my deposit so I am not gaining, she isn't losing.
I've gotten screwed and am tempted to take a few months rent free to compensate myself for the terrible experience. But in the meanwhile, we are getting sick & I don't want to find out what my distrurbed neighbor is capable of beyond what he's already done.
I am aware that without possession of a lease, I am month to month. She can give me a 30 day notice, but {o oh, another ?} can she get me out in 30 days time?
bkjones
 
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