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Can my landlord do this? What are my rights?

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Can my landlord do this? What are my rights?

Postby jimjen1983 » Mon Jul 27, 2009 3:57 pm

So in March I went to a real estate agency to find an apartment. They found me a nice apt in the Bronx, in a house living next door to the landlord. Although I was skeptical about living in a private home with the landlord on premises( because of all the bad things I have heard ) , I took it because I did not have a place to live and was desperate.

Well everything was going well the landlord was very nice and I had no complaints. Until last month. They reduced my hours at work and I am not making as much as I was making before. Plus they changed from paying us every 2 weeks to paying us every 15 and 30th of the month. Ahead of time I explained to my landlord the situation. I told her I am very sorry that I was late this month, but that I was doing everything I can to put the money together. So on July 17,2009 I paid my rent, with the 50 dollars late fee($1050) she tells me, well you must do everything you can to pay the rent for august before august comes, right there I started to feel this pressure, and started to get nervous. I know my pay is not as high it was, my rent is 1000 a month and I have to pay my own, utilities as far as, light, gas and water. I told her I understand and would try everything I can, but that she should know ahead of time that being that I have to put 2 checks together to complete my rent, I might not be able to pay before august comes. She says well I don’t care, I need to pay my mortgage, do whatever you can because I want that rent for august As soon as Possible.

When I spoke to her the second time she called the lady from the real estate to complain about the situation, the lady in return called me. I explained to the lady the issue and she said she understands, and that its best to try to speak to the landlord.

Well long story short, the landlord calls me on 7/24/2009 and leaves me a message saying: “This is to let you know that if you do not pay your rent by the 1st of august, I want you to give me the keys to the apartment on that date, because I have a prospective tenant, and that she will be using the deposit as the rent for august” So while I am listening to this message the lady from the real estate calls me and says, oh if you need help finding a new apt I could help you. Now I am starting to feel as if I am in some scam, I only moved in 5 months ago, I paid $4000 to get this apartment and if I am having problems completing the rent on time, how could I possibly put money together to put a deposit + brokers fee for an apartment, I am also a little confused as to why the real estate broker is acting as a mediator. I only paid my rent late, its not like I owe the LL months of rent . Legally can the LL just leave me a message saying she wants the apartment in one week? Also my lease states I have till the 10th of the month to pay the rent after that there is a late fee, can she harass me this way? I have not spoken to the landlord yet because I want to make sure that when I speak to her I have as much information possible in regards to this situation. I feel that what she is doing is illegal, Is it? Its even making the living situation uncomfortable, I don’t even want to get home because of the possibility of running into her and getting into a disagreement. Please any advice is appreciated. What are my rights and options at this point, Thanks!
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Answer

Postby dealing3000 » Mon Jul 27, 2009 4:38 pm

LL probably has to meet her mortgage payment and needs your rent. This is not your problem, it is hers. You have until the 10th of each month to pay the rent, based on the lease. My advice, start dropping the rent off on the 10th into her mailbox. If she calls you, let her know in no uncertain terms that you are not going anywhere and you intend on paying the rent on the 10th as dictated by the lease. Now if you go later than the 10th she can start eviction proceedings against you and add the late fee (as the lease dictates). If you pay the rent and she accepts it then she can't proceed her eviction based on non payment of rent (for the period you are paid up). Speak with a lawyer or search the site about this one. If the LL in any way makes you feel uncomfortable, file a restraining order against her. She will legally not be allowed to call you or approach you at all. She will have to go through legal channels for all communications. Don't ever take abuse from a LL. You have the power of a Lease behind you, even if you stopped paying rent today it would take a few months to get you out of the place by a judge's decision and with the backlog in the courts it could be even longer.

Good luck.
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now i am frustrated , scared , nervous and depressed

Postby jimjen1983 » Mon Aug 03, 2009 7:48 pm

so I was away for the weekend. I come home yesterday evening , and my landlord CHANGED MY LOCKS. I immediately called the cops they had to argue with her and threaten her that they were going to arrest her for trying to illegaly evict me, and she still did not want to give the keys. They told her that she would have to take me to court and she could not do what she was doing. Especially things like changing my lock. I am very angry with her , because on my lease it states that I have until the 10th to pay my rent , and she had no right going and changing the locks on my door the way that she did. she basically jumped the gun without even thinking that I was going to pay my rent. I do have my rent in hand but with this whole situation I just want to move, but I do need time to find a place , and the thing is now I do not want to deal with a landlord who is going to be threatening and doing things like she has done.

I am not sure what to do now, if I pay her the rent , I am going to be stuck and not able to move because my rent is really expensive and I will never be able to put the money together , and who wants to live in a situation were you don't even want to get home because of the chance of running into this lady . What can I do. I have the rent in the bank but now I am so angry with the turn of events that I am stuck between a rock and a wall deciding what I should do. I mean if I give her the rent who is to say that she is not going to be harrassing me like she has been, I mean I don't owe her any money all I did was pay late last month. Please any advise and legal options that Ihave THANKS!
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Postby TenantNet » Mon Aug 03, 2009 8:25 pm

If the LL actually changed your locks, I would ASAP speak with a tenant attorney before you pay any rent. You might have rights to file both a criminal complaint and civil complaint against the landlord. Find out what sort of documentation the police reported.

Even though I assume you are back in the apartment, you suffered an illegal eviction.

Also consider the likelihood of getting back any deposit you have.

If you have legal claims, you might be able to seek damages for what the LL did.
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to make matters worse

Postby jimjen1983 » Tue Aug 04, 2009 2:13 pm

Yesterday when I arrived home from work, my landlords husband comes and hands me a letter from a lawyer, saying that I have until september 30, 2009 to vacate the apartment or the landlord has given him permission to take me out of the apartment.

Isn't this suppossed to be court ordered , not by a lawyer?

Then to top it all of , I wake up this morning , to find that my water has been shut off. I was not able to take a shower or anything. I called 311 and they called the cops , when the police arrived unfortunately they were unable to do anything as the landlord left.

What kills me about this is that I have my rent , I spoke to an attorney and he said that I should hold my rent and go to court , and when I go to court show to the judge that I have my rent , but because of the illegal actions she has been doing I have been holding it. Is this a Good idea?
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Postby TenantNet » Tue Aug 04, 2009 2:26 pm

They must take you to court. They cannot do anything without a court order. He might have meant by court.

I would check, but handing the notice to you in person might be defective. Some leases have requirements that all notices (from both sides) be sent by certified mail. Check the fine print of your lease.

You say "my landlord's husband." is he also on the deed to the property? Or is he acting as an agent of the landlord? That might also raise questions of proper service if the notice.

Was the water turned off by the LL? Were they doing maintenance? If it's harassment, can you prove that? (it's difficult). Even so, that adds to your potential claims.

If you retain an attorney, I would suggest following his/her advice. Although we know a fair amount, we are not attorneys, we do not know every detail of the case and we can't give you legal advice. Having said that, it sounds like good advice. Make certain you document everything, and keep all envelopes (with postmarks). Make logs of all phone calls. And make sure the attorney you speak with (or retain) is a TENANT attorney, not some ambulance chase that does mostly immigration or slip & falls.
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sorry I did not specify

Postby jimjen1983 » Tue Aug 04, 2009 2:40 pm

On the letter from the lawyer it specifies the following :

1. ) I have failed to pay rent on time and I currently owe the month of August 2009 this has caused the landlord to fall behind on her mortgage. I paid one month late which was July, as of right now I owe August but with all that is happening I am withholding my rent.

2. ) I have done extensive damage to the apartment walls , door frames , paint etc. This is untrue , I just moved into the apartment 5 months ago , I have not painted , nor had any issues, I live by myself. The apartment is in tact the way she gave it to me. I have pictures to prove it. Also when she changed my locks she broke the door frame to enter the apartment, and now she is trying to say it was me.

3.) I have been a nuisance to the quiet environment to the landlord home. this is also untrue , I do not play music at all. I get home from work at 11:00 pm and all I do is lay in my room and watch my Tv, at a decent volume , where it can't even be heard in the next room. I have no visitors coming to my house.

What do I do with all of the allegations that are false especially # 2 and # 3

Thanks!
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Postby jimjen1983 » Tue Aug 04, 2009 2:48 pm

TenantNet wrote:They must take you to court. They cannot do anything without a court order. He might have meant by court.

I would check, but handing the notice to you in person might be defective. Some leases have requirements that all notices (from both sides) be sent by certified mail. Check the fine print of your lease.

You say "my landlord's husband." is he also on the deed to the property? Or is he acting as an agent of the landlord? That might also raise questions of proper service if the notice.

Was the water turned off by the LL? Were they doing maintenance? If it's harassment, can you prove that? (it's difficult). Even so, that adds to your potential claims.

If you retain an attorney, I would suggest following his/her advice. Although we know a fair amount, we are not attorneys, we do not know every detail of the case and we can't give you legal advice. Having said that, it sounds like good advice. Make certain you document everything, and keep all envelopes (with postmarks). Make logs of all phone calls. And make sure the attorney you speak with (or retain) is a TENANT attorney, not some ambulance chase that does mostly immigration or slip & falls.


As far as I am concerned the was no maintenance going on in the home. She was not even home. If there were any maintenance or repairs done , wouldn't she have to notify me that I would not have water? I leave to work at 11:30 am , And from 8:30 am that I woke up the the time I left , no one had gone to the home to do any repairs.
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Postby TenantNet » Tue Aug 04, 2009 2:56 pm

1. ) I have failed to pay rent on time and I currently owe the month of August 2009 this has caused the landlord to fall behind on her mortgage. I paid one month late which was July, as of right now I owe August but with all that is happening I am withholding my rent.


That is essentially a non-payment claim. That she hasn't (or can't) pay her mortgage is irrelevant. If your lease provides you have to the 10th of the month to pay, then this notice is unwarranted, and I would say can't be used as a non-pay notice.

2. ) I have done extensive damage to the apartment walls , door frames , paint etc. This is untrue , I just moved into the apartment 5 months ago , I have not painted , nor had any issues, I live by myself. The apartment is in tact the way she gave it to me. I have pictures to prove it. Also when she changed my locks she broke the door frame to enter the apartment, and now she is trying to say it was me.


We see that from LL's all the time. Just keep taking photos, but when needed, deny it. If true, that might be an issue for withholding deposit, or a goldover, but that's not the case here.

3.) I have been a nuisance to the quiet environment to the landlord home. this is also untrue


That's a conclusion, not a statement of facts. They need to state with specificity, what it is that you do to create a nuisance. In other words, it's bullshit.

I do not play music at all. I get home from work at 11:00 pm and all I do is lay in my room and watch my Tv, at a decent volume , where it can't even be heard in the next room. I have no visitors coming to my house.


But remember, it's not your burden to prove what you don't do. They must specify what you do do that they find objectionable. And if there is a case, they can go through the proper procedures of terminating the lease and taking you to court.

Did the notice state that it was a Non-payment notice or a Notice to Cure?

What do I do with all of the allegations that are false especially # 2 and # 3


Nothing ... but check with your lawyer. He/she might want you do deny it. But if you do, don't go all crazy denying allegations that were never made. This is the landlord's lawyers attempt to intimidate you, and it appears to be working. Get a grip!
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what would happen if....

Postby jimjen1983 » Mon Aug 10, 2009 6:12 pm

If I decide to hold my rent and leave by sept 30th. As per letter given by lawyer it states that I have until sept 30th to vacate or he will commence proceeding in court. If I decide to hold my rent until sept 30th , can the landlord decide to take me to court before date specified on letter written by lawyer, or can she start the proceeding before that. If I decide to move on sept 30th , what could happen then? Can she still take me to court if I am no longer in the apartment. I have no problem paying my rent , but if I pay my rent I will not have the money to move by sept 30th , and she is still going to take me to court. If I hold my money and leave before that. what could happen ? This is what I call a catch 22
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