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Moving Out and Landlord Problems

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Moving Out and Landlord Problems

Postby blackcats80 » Mon Nov 16, 2009 10:32 pm

I am currently moving out of my non-rent stab apartment in Riverdale. Please note that I was never asked to put a security deposit down on the apartment. While not a slumlord, my landlord is VERY nosey (he has been known to read my mail), bossy, argumentative, and just simply not a nice person. As a result of his nosey nature, I try to avoid dealing with him as much as possible and rarely allow him in the apartment unless it is make repairs.

At the beginning of this month, I told him I will be leaving as of January 1st. I told him that I was not giving him formal notice, but just giving him a heads up. The next day, he wanted to come into the apartment to make any repairs and start showing it to tenants. I asked him he could wait till December 1st since I had a lot of things on my plate at the moment and, honestly, did not want to deal with him until things were a little bit more settled. He started yelling at me, saying I was a non-law abiding citizen for not letting him into his apartment. Just because I didn't want to deal with his shit, I agreed to let him into the apartment this Wednesday (please note when I had to push back the date by two days due to a last minute job interview in DC, he screamed and yelled at me some more).

My main concern is right now that he is going to want to start making repairs to the apartment while I am trying to move. Most are pretty minor, but I really don't want him to make any repairs until I leave, because I don't want to deal with workers and my landlord coming into my home while I am trying to pack. Legally, do I have to let him in the apartment to make repairs prior to moving? Also does he have to show the apartment to tenants? Once again, I told him I would prefer if he waited till I moved, but he started to scream and yell again.

Does anyone have any suggestions how to deal with this situation? I just want to know where I stand legally on this issue.

Thanks,
Megan
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Postby TenantNet » Tue Nov 17, 2009 1:43 am

First, when does your lease expire? Did you get a RTP-8 renewal lease offer? What did you do with that?

There are rules on access (see the reference section), but also there are practical matters ... it's often a negotiation. Consider that if the LL wants access (and has the right), if you refuse, what is his remedy? He can take you to court seeking your eviction. You'll be gone in 45 days.

Sure, he can file court papers, but is he likely to do so? And by the time it came for a court appearance, you would have moved.
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Postby queensborough » Tue Nov 17, 2009 7:39 am

I believe the tenant stated he was in a non-rent stabilized apartment.

Do you have a lease, or were you a month to month tenant?

While he has the right to show the apartment, he is supposed to make arrangements with you, not just show up when he feels like showing it. You should also be present when he does show it.

I would ignore his screaming a yelling. He sounds like a bully. I agree with TN that taking you to court at this point would be too time consuming since you say you are leaving by January 1st.

Personally, I could never understand why LL's want to show apartments that are being packed up for a move. It's usually a mess, needs to be painted for a new tenant, cleaned up, etc. It is so much easier to show an empty apartment.
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Postby TenantNet » Tue Nov 17, 2009 7:58 am

Sorry, my mistake on the RS status. There would be no RTP-8 renewal offer. However the LL could still offer a renewal, so that might be something to consider in the mix.

And the OP should still look at the access rules. The RS rules would not apply, but the others would. The other comments would still be applicable.
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Postby blackcats80 » Tue Nov 17, 2009 2:32 pm

The landlord never offered me a renewal. He was supposed to give me one in September. To be fair, I don't think it is anything personal. I knew I was moving out of that apartment since July and never mentioned a renewal to him. However, legally, he should at least have offered it to me.

After reading some of postings on this board, I am going to give him set days to make the apartment available for tenants. Is it possible to do the same thing with repairs? I don't know how this is going to fly with him - like some of you have stated, he is very much of bully. Of course, legally, I know I don't have to put up with it, but since I have so much on my plate at the moment, it is easier to just give in.

Thanks,
Megan
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Postby TenantNet » Tue Nov 17, 2009 3:02 pm

The landlord never offered me a renewal. He was supposed to give me one in September. To be fair, I don't think it is anything personal. I knew I was moving out of that apartment since July and never mentioned a renewal to him. However, legally, he should at least have offered it to me.


If not RS, and unless it's stated in the lease, the LL is not obligated to give you a renewal offer.

If my LL was doing this and if I were moving 12/31. I would tell him to wait. The courts tend to almost shut down in December and the predicate paperwork (notice to cure and notice of termination) would take you into mid-December.
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