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LOFT NIGHTMARE

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LOFT NIGHTMARE

Postby chaim » Thu Nov 03, 2005 4:09 pm

If anyone has any advice or suggestions please help me--it will be much appreciated!!

I was on the lease for a loft in Brooklyn and the lease expired in September. My roommates were going to resign the lease but they slacked and so did the landlords so after I moved out--they stayed without any lease being resigned.
Now there is a problem in the apartment with a disagreement between roommates, a police report has been made, property has been damaged and threats have been made. The aggressor refuses to move out until Dec 1st and the other tenants refuse to live there while he is still living there. They called the landlord to get help from them.
Now the landlord is saying that because I did not declare the place vacant and no one resigned a new lease--that I am fully responsible for the roommates and if they have to evict this guy it will be through me. So I will be evicted and brought to court.
Obviously I do not want this to happen.

What are my options? Am I liable for the place? Do my responsibilities run past the date of the lease because I did not declare the place vacant?

If anyone has any advice at all--please tell me what I can do.

Thank you
chaim
 
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Re: LOFT NIGHTMARE

Postby chaim » Thu Nov 03, 2005 4:10 pm

ALSO:
I would like to add that the roommates have all been paying separate checks to the landlord. No money has ever passed through me.
chaim
 
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Re: LOFT NIGHTMARE

Postby Aubergine » Thu Nov 03, 2005 11:56 pm

Your roommates paid the LL after the lease expired? If so, it sounds as if the LL created a month-to-month tenancy for the remaining occupants, and accepted your surrender of the premises so he could re-rent it himself.
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Re: LOFT NIGHTMARE

Postby Downtown » Fri Nov 04, 2005 8:29 am

I agree if the LL accepted and cashed the checks (not from you) then the argument is a new MTM tenancy has been established.
A renewal lease was offered and not signed thus the tenancy terminated in Sept. LL could have started holdover Oct. 1, but accepted rent.
I would write LL letter (send RRR) stating that you are not responsible for _____. That your lease expired on Sept 30 and you moved out. That LL accepeted rent from other parties (after Sept.)
only proves that a new agreement was entered into without your consent or knowledge. You will not be responsible for the independent actions of LL or any of the other individuals involved.
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Re: LOFT NIGHTMARE

Postby chaim » Fri Nov 04, 2005 3:43 pm

Thank you for the responses, this is very helpful. My lease actually ended Sept 14, and yes, my roommates paid the landlord for Sept and October. It was suggested that I contact the DA for further legal advice. How helpful would that really be?

also, what does RRR mean?

Once again, thank you for the advice, this has definitely made me feel better about my situation.
chaim
 
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Re: LOFT NIGHTMARE

Postby Anna » Fri Nov 04, 2005 6:30 pm

Were you the only one on this lease?
How many of the 'roommates' were actually tenants named on the lease?
Loft?: legal residential space or not? what does the CO say? (Certificate of Occupancy: http://www.nyc.gov/html/dob/html/home/home.shtml )

DA doesn't do L&T problems unless it prosecutes LL for crimes. Consult a tenant atty or visit a tenant clinic.

RRR = Returnes Receipt Requested. any other form of accountable delivery can also be used. (anything that proves LL received it: UPS, FedEX, FAX, etc; but read your lease first: it might specify HOW T must send notice to LL)
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Re: LOFT NIGHTMARE

Postby chaim » Fri Nov 04, 2005 7:57 pm

Someone else was on the lease but they moved out of the country in April. The rest of the occupants paid their rent directly to the Landlord. No one else was on the lease. It is a Loft space in Brooklyn.

This is what shows up on the nyc buildings website::

JOB (numbers removed): NO C/Os ISSUED OR NO IMAGE AVAILABLE
JOB (numbers removed): NO C/Os ISSUED OR NO IMAGE AVAILABLE

I'm not sure what that means.
chaim
 
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Re: LOFT NIGHTMARE

Postby lofter1 » Fri Nov 04, 2005 9:26 pm

When you moved in was the building represented to you as a viable residential building? Or was there wording in the lease regarding commercial use?

It is possible that your building has not received a residential C/O.

You can check the Brooklyn IMD list (IMD = Interim Multiple Dwelling, i.e.: a Loft that has not completed the necessary process to get a residential C/O that allows it to move from a commercial to residential structure).

Go here and look for your address: http://www.nyc.gov/html/loft/html/imdbuildings/queens_bklyn_imdb.shtml
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Re: LOFT NIGHTMARE

Postby Anna » Fri Nov 04, 2005 10:47 pm

On the DOB website, on the 'homepage' for your bdlg 'Property Profile Overview', click on 'View Certificates of Occupancy' in the upper right corner below the BIN#.
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Re: LOFT NIGHTMARE

Postby chaim » Sat Nov 05, 2005 2:34 am

Originally posted by lofter1:
When you moved in was the building represented to you as a viable residential building? Or was there wording in the lease regarding commercial use?

It is possible that your building has not received a residential C/O.

You can check the Brooklyn IMD list (IMD = Interim Multiple Dwelling, i.e.: a Loft that has not completed the necessary process to get a residential C/O that allows it to move from a commercial to residential structure).

Go here and look for your address: http://www.nyc.gov/html/loft/html/imdbuildings/queens_bklyn_imdb.shtml
Yes, the building was presented as a residential dwelling. There are about 35 residential apartments in the building. It's not listed on that link.

Originally posted by Anna:
On the DOB website, on the 'homepage' for your bdlg 'Property Profile Overview', click on 'View Certificates of Occupancy' in the upper right corner below the BIN#.
That's where I am looking.
chaim
 
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Re: LOFT NIGHTMARE

Postby Downtown » Sat Nov 05, 2005 9:42 am

Does your lease have any mention of commercial or live/work...if not and building not registered as residential or live/work then no rent is due. The lease could not be enforced.
Would still hold to original position that new agreement entered into.
As it stands rent paid till 11/14. Would clearly let ALL roommates know that you have informed LL not responsible for apt...however LL is threatening to drag you into this. If this happens, you will hold them responsible. That they all need to move out by 14th or get a written resolution/lease from LL.
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