"Peaceful Enjoyment of Property" NY

[News2Me]

What is the name of your state? New York State

Hello everyone,
I'm new here and sooo glad I found these forums! I hope I can get the information and advice I'm seeking!

We've been renting an (illegal) apartment in a private home for a number of years. Our apartment is on the first floor and the landlord's son (15 years old) is CONSTANTLY pounding on our bedroom wall (from outside). He and his friends play ball out there and they "accidentally" and continuously are pounding the ball against our wall. There are times the entire apartment vibrates because of it. The other day, he and his friends were slamming a football against the back wall of our apartment. They've slammed the house so hard that they've broken numerous shingles and dented up the gutter/leader. They are doing it intentionally to annoy and harass us.

I've spoken to the landlord about it last year and again this year but, obviously, his son has no respect for him, either, because he keeps doing it.

What are my rights as a tenant?? Aren't I entitled to the "peaceful enjoyment of the property" which would include NOT having my bedroom wall constantly being slammed against????

How would you proceed in this? I was thinking about getting the money order for the rent, but with-holding it until the landlord does something to stop this harassment by his son.What is the name of your state?

 

[FarmerJ]

if your now a month to month renter give notice and move out , the LL might really learn to wish you had stayed , his next tenant could be a real dracula.

 

[News2Me]

Believe me, if I had the money to move, I would have moved out a long time ago!! Rents where I live are insanely high... for a 2BR, it's a minimum of $1400/mo plus utilities. On top of that, you need the first/last month's rent plus a month's security. I just don't have that kind of money.

At this point, I have to stay put. I just want to make sure if I would be within my rights to with-hold the rent until the LL does something about it. I would get a postal money order to prove I had the money and was willing to pay the rent on the due date but didn't pay because of the harassment.

 

[News2Me]

PS: Believe me, he wouldn't want a new tenant in here.... If we move, he's going to have to make a TON of repairs before he can rent it again. He let this place go to crap because he never fixes anything and, when he has "a guy" come to "fix" stuff, it's always a half-baked patch job -- never a real repair.

 

[FarmerJ]

it is not a reason to hold back the rent , it is a reason to document ,document,document , like take pics of any thing of yours that becomes broken due to the ball bouncing, take pics of the siding damage, write down on a date book the date and times , Call the police if you have to make a report of your peace being disturbed. log the date and times, keep any complaints about it in writting sent via certified mail.

 

[BL]

Tenants RIGHT TO PRIVACY and right to peace ,quite ,and enjoyment .

Although some leases go on to say in rules , a tenant is not to disturb the neighbor , etc ., such a LL as yours will turn the other cheek and make excuses .

As farmer stated call the police for noise,nuisance and harassment , and document .

Also start sending complaint by mail , confirmation mail is sent , keeping copies of everything .

http://query.nytimes.com/gst/fullpage.html?res=9803E5D9103BF932A25750C0A9679C8B63

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

Read all subjects:

RIGHT TO PRIVACY
Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable television facilities. (Public Service Law §228) .

 

[MIRAKALES]

Engage the other Parents

Advise the parents of all the other children about the damages and disturbances at the house and in the yard. Request that their parents intervene to prevent the situation from escalating. Explain that the LL is unable to control the situation alone and their assistance is necessary. A responsible parent will not want their child involved in the matter and will take steps to intervene. While tenant may not know who the children’s parents are, trust that nearby neighbors and other children do. Exhaust your resources and put in some extra effort. The certified mail will serve as proof of mailing and delivery (certified mail should only be signed by an adult). Also deliver the letter directly and in-person to the LL to ensure receipt. It’s that simple!

 

[News2Me]

The problem is, I haven't a clue where these other kids are from. I know they're from around here somewhere, but I don't know what houses they live in.

I wrote a letter to the LL. I plan on handing it to him when I see him next. The Certified/Return Receipt thing won't work because his son is the one who takes the mail in and he will absolutely open it and throw it away.

 

[News2Me]

Well, I stuck the letter in my LLs mailbox knowing he (or his wife) were home and I know they got the letter. This was on Saturday. I haven't heard a word from either of them yet..... I figured I would hear SOMETHING out of them, but nothing...... weird.

I was hoping to see him today and I would have casually asked him if he got the letter to see what he would say, but I haven't seen him at all (he's been home) and I don't want to knock on their door.

 

[Zigner]

Well, I stuck the letter in my LLs mailbox knowing he (or his wife) were home and I know they got the letter. This was on Saturday. I haven't heard a word from either of them yet..... I figured I would hear SOMETHING out of them, but nothing...... weird.

I was hoping to see him today and I would have casually asked him if he got the letter to see what he would say, but I haven't seen him at all (he's been home) and I don't want to knock on their door.

You DO realize that you are not allowed, under Federal law, to just stick items in to someone else's mailbox, right?

 

[FarmerJ]

Just putting it in the LLs mail box , I can see it now , complaint brought up again, LL says `what letter` If you send letter via certified mail and they dont pick it up it comes back to you, you save it un opened and if there are problems further down the line and you bring the letter un opened to court with you the judge gets to ask why they refused to pick up mail ? Or send something dual copy s 2 envelopes both certificate of mailing. No one has to sign for it. reciept gives proof.

 

[Alaska landlord]

Withholding of rent is an involved procedure that must be followed exactly to the law. If you don't follow the correct protocol the end result will be an eviction. As previously mentioned this is not a good enough reason to withhold .