TenantNet Forum

Where tenants can seek help and help others



Could only live in the place for one week and had to move

Rights for non-regulated tenants

Moderator: TenantNet

Could only live in the place for one week and had to move

Postby RosalitaNYC » Thu Feb 23, 2012 9:32 pm

I recently moved into (and out of) a room in a building that had five units with the owner in one of them. My situation was like a rooming house. I had a large room the size of a studio apartment and a shared bathroom and kitchen with another unit on the same floor.
There was no lease, it was a month-to-month rental. When I first saw the place the owner told me that the people in the other unit were rarely there because they worked out of state and had a residence closer to where they worked. I told him I could not live in a place with pets or smokers bec of allergies. He told me the man smoked but only in his room with an open window and reassured me that I would not even know someone smoked in the building.
I gave a security deposit and month's rent and planned to move in the middle of the month because I had no time off from work to pack. The owner told me the place would be ready by the beginning of the month and I could move in any time I wanted. On the 11th I came by with some boxes to find the owner painting the ceiling and saying the place was not ready. (I had told him I was going to move in on the 12th) I was unhappy that there were paint fumes and hoped they would dissapate by the next day. The following day I moved in and there was still a slight paint odor but I opened a window and put on an air cleaner. The short version is, the place smelled like paint for a whole week, the people who were rarely there were there every day, and the bathroom reeked so badly of cigarettes I got sick and could not use the bathroom. In two days I knew my asthma would be acting up and I was going to have to move. I told the owner this and he said that for the past couple of weeks the guy's smoking had been really bad (after I had initially seen the place and had been reassured that his smoking would pose no problem to me). I stayed there exactly seven days and moved out, paying a mover.
The owner gave me only the security deposit back and tried to take money out of that, but I protested. I think I should be reimbursed for 3 weeks rent because I could only live there a week, and my moving out expenses (I had to pay a mover to move in there and move out). Do you think I have a case? I am thinking of going to small claims court. Would that be the proper venue? I am just so upset because I feel this guy (and his wife) really screwed me and should be giving more of my money back. If they knew the guy was smoking a lot and causing problems with other tenants (which he told me after the fact) I think he should have had the decency to give me a heads up before I moved in.
PS They are now listing it on craigslist as "furnished" and listing the furniture I had to leave there as a perk.
RosalitaNYC
 
Posts: 36
Joined: Sat Mar 13, 2004 2:01 am

Postby ronin » Tue Feb 28, 2012 2:36 am

Small claims court is a proper venue, but not a particularly efficient one- it's going to take some time and leave you in the hands of an arbitrator- and so much will depend on which arbitrator you get.

The word arbitrary comes to mind.

Why is there furniture still there if you paid a mover to move out? And did you really think a "smoker with an open window" is something you could trust without checking out the place during the occupied hours? They did kind of mislead you, but on the other hand you accepted their judgment for subjective things. To the LL the smoker is no problem. It's his opinion. Actual fraud would be telling you that there was no smoker. The rarely there people may have had a week off of work, you simply weren't there long enough to know. Again, no one is under an obligation to not use their space to meet your whims.

Paint fumes are actually something in the LL's favor. He can prove, through you, that he freshly painted the place. Maybe not what you wanted but hardly something people would criticize. Most people complain when the LL doesn't paint. And returning the deposit is actually pretty classy (in LL terms, not human terms) given that he spent to paint the place. If you left your furniture there, then congratulations, it's his property to advertise as he likes.

Do you have a case? Yes. Do you have a winning case? Doubtful. Do you have a winning case if you get a pro LL arbitrator? Not a chance!
ronin
 
Posts: 419
Joined: Sat Mar 16, 2002 2:01 am

Postby RosalitaNYC » Tue Feb 28, 2012 4:58 pm

Thanks for the response. The reason I had to leave my bed and TV there was the space I found to move into already had a bed and there was no room for my TV. I found a place in one day and I just wanted to get out of there. I recently picked up my mail at the old place and the landlord told me that a new person moved in basically the day I left, so i am going to ask him if they could reimburse me for the portion of the Feb rent that I paid between the day I left and the end of the month and see what he says. Thanks for the info, I really don't need more stress in my life right now.
RosalitaNYC
 
Posts: 36
Joined: Sat Mar 13, 2004 2:01 am

Postby ronin » Fri Mar 02, 2012 1:21 am

Well, that is a very reasonable request and the law is totally on your side since he's rented it out immediately. Hopefully he'll be reasonable.

Good luck!
ronin
 
Posts: 419
Joined: Sat Mar 16, 2002 2:01 am


Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: No registered users and 19 guests