Landlord difficulties

[Airborneguy]

If it's against the law, but not in the lease, then the landlord is at fault. Not the tennant.

Good luck with that defense when you get caught by a Fire Official or Dept of Buildings inspector in NYC!

 

[Tinga]

when dealing with landlords the best thing you can have is leverage. if the landlord slips up on anything and document it and if he ever hassles you bring up the things he slips up on.

Just remember the lease is a two way contract. If he doesnt do the things in the lease up to code then neither do you.

I'm in college at the moment and the landlady treats us like children. when i first signed on the lease it said that they would install a dishwasher by such and such a date. they installed the dishwasher about a month late. then one month our rent got lost in the mail and got to them two days late they said they were going to charge us a late fee. we said that we didnt think a late fee was fair since they were late with their end of the deal. so just remember leverage.

don't be afraid to flex some legal muscle in situations either. we all know that landlords would do the same thing.

oh and a good threat would be to figure out a place for reporting bad land lords. there has to be a site of that that gets a lot of traffic. the land lord is the vendor and you are the customer. you don't see car salesmen pushing customers around. also make it known that you know your legal rights and the right authorities to make a legitimate complaint. places like the better business bureau.

 

[BigB]

Good luck with that defense when you get caught by a Fire Official or Dept of Buildings inspector in NYC!

Exactly. Ignorance of the law is NO defense.

Also, remember that most landlords are not legally sophisticated and generally just use a fill-in-the-blank form they got from Office Max or used something they got off the internet. Usually, there is a clause that goes along the lines of "it is a violation of the lease agreement to conduct any activity on the property that is in violation of local, state, or federal law."

So, simple solution is to 1) check with the local fire inspector/building authority, and 2) READ your lease agreement, and 3) seek advice from an attorney licensed in NY... many will give you free advice over the phone or give a free office visit.

 

[BigB]

Just remember the lease is a two way contract. If he doesnt do the things in the lease up to code then neither do you.

Incredibly bad advice. If you don't follow the lease terms, then YOU have breached the contract just as the landlord has. In fact, it could even get you evicted. The courts are far less inclined to give a breaching party a remedy. Follow the law and the terms of the lease agreement and you will be in the driver's seat.

 

[mattd2]

Has anyone realised that the OP has not repliedin 34 posts?

 

[Tinga]

Incredibly bad advice. If you don't follow the lease terms, then YOU have breached the contract just as the landlord has. In fact, it could even get you evicted. The courts are far less inclined to give a breaching party a remedy. Follow the law and the terms of the lease agreement and you will be in the driver's seat.

well that statement is more or less centered around my leverage idea. I don't mean you can flat out breach the contract but if the landlord breaches first you have leverage if you ever need some slack in another area. What i want to convey with that statement is that landlord's breach contract as well as tenants and it is so often looked at as the tenant is the only one that can do something wrong.

and a landlord is far less likely to bring it to court if both parties have breached because the land lord is the one with a reputation to protect. I'm not saying you should go out do something wrong i'm just saying use the land lord's mistakes to you advantage.

 

[Cheeto]

Call a Lawyer !!!!

I think that you are fairly safe with where you stand.

Read over your lease to make sure that you can use a Propane Grill.

If the Grill is covered than he has no leg to stand on, I would also press the issue about the things in disrepair.

You have specific rights be sure to use them !

 

[Teromous]

Ever watch the Boondocks? This thread reminds me of when they go to court and the Judge looks up the state laws in Wikipedia...

 

[ericd]

I live on the 2nd floor of a three story apartment building and do the boil on the walkway, no one ever raises an eyebrow. I'm really lucky. Of course, they're college apartments too...

 

[davefleck]

Exactly. Ignorance of the law is NO defense.

Also, remember that most landlords are not legally sophisticated and generally just use a fill-in-the-blank form they got from Office Max or used something they got off the internet. Usually, there is a clause that goes along the lines of "it is a violation of the lease agreement to conduct any activity on the property that is in violation of local, state, or federal law."

So, simple solution is to 1) check with the local fire inspector/building authority, and 2) READ your lease agreement, and 3) seek advice from an attorney licensed in NY... many will give you free advice over the phone or give a free office visit.

don't forget to read the HOA rules as well. They can be tighter then muni regulations

 

[TheMan]

Good luck with that defense when you get caught by a Fire Official or Dept of Buildings inspector in NYC!

I guess it's more strict in NYC vs. Illinois...I've lived in a couple apartments. When I move to a new city I do not look in the city bylaws, I count on the Lease informing me of what I can and cannot do where I am living (aside from the obvious crimes, stealing, murder, etc lol). Two apartments I've lived in clearly stated no grills of any sort. My current one says nothing about grills. So I asked since it wasn't said to be against the rules/laws and they do allow them.

If it's against the law in that city then I fully expect the landlord to have it in his lease.