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Landlord is threatening me.

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Landlord is threatening me.

Postby Spork Schivago » Thu Jun 05, 2008 5:20 am

Hi. I have schizo-affective disorder. I don't get much sleep. I live in an apartment complex that has 7 apartments. About three nights ago at around 2am I was smoking a cigarette out on the porch and I heard a firework go off. I didn't see it. Yesterday my landlord flagged me down when I was leaving for college and said she saw me light the firework off. I went to tell her I didn't and she said shut up right now. I know that you're girlfriend has been staying with you. That's going to stop. She's allowed here no more than 3 hours a day. There have been complaints from the other tenants that you have been having parties. You're not allowed to have any friends over here AT ALL anymore. And then she said that since my girlfriend was staying that if I don't pay her 25$ extra a month she is going to go to the cops and tell them she saw me light the fire cracker. She said that's attempted arson and I can go to jail. My girlfriend stays the night a lot but she doesn't shower here or anything. She has her own apartment and got a letter of residency signed. I applied for food stamps and I had to have my landlord sign some paper and she also said that if I don't pay the 25$ extra a month she is going to tell the food stamp people that I lied on my application and that there is someone else living here. I don't have partys and I'm real quiet and when my girlfriend is here, we're real quiet. I get nervous around a lot of people. The most I've ever had here was my two friends and they only stayed about an hour. I don't have a lease but I did sign this paper. This is what it reads:

SECURITY DEPOSIT

1. Apartment to be used by tenant only.
ABSOLUTELY NO EXTRAS unless approved by landlord.

2. NO ANIMALS allowed for any reason.

3. Thirty (30) day notice be given to obtain refund of security deposit.

4. Floors must be moped and waxed, carpets shampooed.

5. Stove (including oven & burner wells on stove top), refrigerator and cupboards cleaned.

6. All garbage and trash removed

7. Walls & woodwork are to be cleaned - no hand prints, etc.

8. Bathroom cleaned including sink, shower stall or bath tub, and toilet

9. Absolutely no painting, wallpapering or other changes made in apartment unless done by landlord.

10. No defacing of walls unless approved by landlord. (No nail holes or other marks on walls).

11. Drapes provided by landlord are to be cleaned by landlord. SOME DRAPES CAN NOT BE WASHED!!

Failure to comply with any of the above at any time, security deposit will not be refunded and tenant will be subject to eviction. Absolutely NO EXCEPTIONS made for any reason.


Can she raise my rent like that? Isn't that extortion or black mail or something? I read the Tenants Rights Guide Line by the Attorney General and under the OTHER PROVISIONS sub section APARTMENT SHARING it states:

It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant's dependent children, provided that the tenant or the tenant's spouse occupies the premises as his primary residence.

Does that mean my girlfriend is allowed to stay here with me even though the paper I signed said Apartment to be used by tenant only? Please help and respond quick because she said she'll give me a couple days to decide before she goes to the cops.

Thanks.
Last edited by Spork Schivago on Thu Jun 05, 2008 5:43 am, edited 1 time in total.
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Location: Corning

Postby TenantNet » Thu Jun 05, 2008 5:40 am

First, please edit your post to omit personal names. This is a public forum.

The roommate law that you cited at the end deals with roommates, not guests. Your GF is a guest on occasion.

Is this an apartment where you have exclusive use of the apartment, kitchen and bathroom, or is this a rooming house? If the latter, the LL can establish House Rules that may seem restrictive, such as no guests of the opposite sex and so on.

But if an apartment, the phrase "used by tenant only" means, IMHO, that you have control over the premises and does not preclude occasional guests.

Without a lease, the LL can increase you rent or terminate the tenancy with 30 days notice. She can't evict without going to court.
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Postby Spork Schivago » Thu Jun 05, 2008 5:46 am

Thanks for the quick response TenantNet. It's an apartment where I have my own bathroom and my own kitchen. My bedroom is also my living room. Is she allowed to evict me for no reason? Isn't there something legal I could do? She did state that if I didn't pay the 25$ extra a month she would tell the cops she saw me light the fire cracker off. Thanks.
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Location: Corning

Postby TenantNet » Thu Jun 05, 2008 6:06 am

You're upstate, so you don't have rent regulation protections. Without a lease, the LL can terminate your tenancy for any reason whatsoever with 30 days notice (see our reference section on month-to-month tenancies).

But you have some rights while you are a tenant. In my view, the "rules" mean you have exclusive use of the unit, which in some places might be read as the covenant of quiet enjoyment (look it up). That does not mean quiet as in audible sounds (a common mistake), but that you have legal use of the premises. That does not exclude occasional guests.

This sounds like a LL that gets hot under the collar, hates her tenants and hates her self. They run hot and cold. Some will cool down and others won't. If you were in a rooming house situation, the LL can establish various house rules. But that's not the case here. Even so, they can set up some rules, i.e., no pets, etc. But I would not think the prohibition against occasional guests could be enforced. OTOH, I hear that any number of local upstate judges think they are God and end of acting like fascists when tenants appear in court. (it happens in NYC as well).

I would not worry about the fire cracker. Who cares about that.
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Postby Spork Schivago » Thu Jun 05, 2008 6:11 am

Thanks so much for the help. If she tries to evict me, you said she has to get a court order. Will I have notice that she's going to court? I'd like to be there to explain to the judge why she's evicting me. I think the judge would be pretty understanding. He's a pretty nice guy.
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Nasty LL

Postby Emeraldstar » Thu Jun 05, 2008 8:35 pm

Hi All
Calm down and read carefully what TN posted.
1: LL has to give you 30 days notice to end the agreement.
2: Your agreement says to clean the apt. before you move. It also tells what can and cannot be done to the apt while your living there.
3: The LL cannot start an eviction untill after she gives you the 30 day notice. She would start an eviction if you stayed past the 30 days.
4: You can have guests. Do not pay $25. extra for a guest. Be ready when you say no that the LL is going to be angry. The LL sounds like she is a nasty person anyway so put your money into moving if you have to.
5: The firecracker story is the LL excuse to scare you. If the LL did not see you do it because you did not light a firecracker, then there is nothing for them to show to a judge.
If the LL gives you the 30 day notice to move and you do not leave, you would only have to explain to a judge why you did not move. As TN said the firecracker is unimportant. Also the police have nothing to do with having a guest.
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