Problem With Landlord

[Renter718]

What is the name of your state? Long Island, New York

Terms of Lease.

1 Year lease starting from 4/15/08 - 4/14/09 with a 1 month escape clause.
All Utilities included w/ the exception of cable and phone
Properties includes our half the house and the driveway on our half the house

Issue:

My wife and I moved into our apartment (which is within a 2 family house) in middle of April. Since then we have had several problems with our LL. Every day there seem to be new rules. We spent a lot of money moving in here (1 month realtor fee, 1 month security deposit, and first month rent) and we are very upset by the way things are going.

The LL intrudes on daily life activities. For instance,

1) Last week my friend bought me a grill as a present for the new house, we set up the drill outside in the driveway that the LL rents to us. Upon seeing the grill, the LL was very angry and stated that this had to be cleared with him. No where in the contract have I seen a rule prohibiting us from having a grill.

2) A couple of weeks ago a fan was left on in the bathroom/shower room. The landlord called us requesting that the fan be shut off if no one is using the room.

3) My cousin stayed with us for 4 days the week leading up to the wedding. The LL came into my house and stated that we are not allowed to have people other then us "living in the house."

4) This week the landlord had a meeting with us during which he stated that we are not allowed to have guests sleeping over our house EVER. (In the month we have lived here, only my cousin has stayed with us for the 4 days mentioned above. However, we do intend to have friends stay over occasionally as they travel from far away to visit.)

5) The LL keeps requesting that we keep our heat low (In does not state in the contract, what temperature the apartment must be kept at).

6) The summer is coming and we have to install our own air conditioners (which was understood from the beginning), however the LL has now made restrictions as to the BTU of the AC to be placed (no more then 8,000 BTU).

7) The landlord told us that he does not wish us to run 2 air conditioners at any given times.

When I asked the LL about all these rules he pointed me to the following portions of the lease.

#1) The premises must be used to live in only and for no other reason. Only a party signing this Lease, spouse, and children of that party may use the Premises.

#2) Waiver of Jury, counterclaim, set off
Landlord and Tenant waive trial by a jury in any matter which comes up between the parties under or because of this Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Premises, Tenant shall not have the right to make a counterclaim or set off.

3#) Termination: Either Landlord or tenant may terminate the Lease at any given time by giving the other party at least one full month's prior written notice.


As mentioned, my wife and I spent a lot of money moving in here and the furniture was bought specifically for this house. We really do not wish to move. The most significant of our complaints is the fact that they will not allow any of our friends to sleep over for any given reason (I think that this is unreasonable).

Is there anything that can be done, or are we in a situation where we can be asked to leave at any time? We really cannot afford to move out (which would include losing the realtors fee and would of course involve moving expenses).


Please let us know,

Thanks

[HuAi]

Originally Posted by Renter718

1) Last week my friend bought me a grill as a present for the new house, we set up the drill outside in the driveway that the LL rents to us. Upon seeing the grill, the LL was very angry and stated that this had to be cleared with him. No where in the contract have I seen a rule prohibiting us from having a grill.

A gas grill is a dangerous thing. I can understand his point of view. He didnt forbid it, just asked it to clear it with him next time.

Originally Posted by Renter718

2) A couple of weeks ago a fan was left on in the bathroom/shower room. The landlord called us requesting that the fan be shut off if no one is using the room.

He can request all he wants, you cont have to listen to him.

Originally Posted by Renter718

3) My cousin stayed with us for 4 days the week leading up to the wedding. The LL came into my house and stated that we are not allowed to have people other then us "living in the house."

I've had tenants bring in their "family" for weeks at a time. He's righfully worried. Your lease should specify how many nights per month or per year visitors are allowed to stay overnight.

Originally Posted by Renter718

4) This week the landlord had a meeting with us during which he stated that we are not allowed to have guests sleeping over our house EVER. (In the month we have lived here, only my cousin has stayed with us for the 4 days mentioned above. However, we do intend to have friends stay over occasionally as they travel from far away to visit.)

Check your lease, it overrides whatever landlord told you verbally

Originally Posted by Renter718

5) The LL keeps requesting that we keep our heat low (In does not state in the contract, what temperature the apartment must be kept at).

He can request all he wants, you cont have to listen to him.

Originally Posted by Renter718

6) The summer is coming and we have to install our own air conditioners (which was understood from the beginning), however the LL has now made restrictions as to the BTU of the AC to be placed (no more then 8,000 BTU).

There's probably a safety reason for that, you should listen to him. ACs draw a lot of amperage and should be on their own electrical circuit. You're most likely going to buy a window AC and plug it into the nearest outlet. Too much draw on it could keep tripping the breaker, or even worse ignite the wires if the breaker is not correct for the wire gauge.

Originally Posted by Renter718

7) The landlord told us that he does not wish us to run 2 air conditioners at any given times.

Same as above.

Originally Posted by Renter718

#2) Waiver of Jury, counterclaim, set off
Landlord and Tenant waive trial by a jury in any matter which comes up between the parties under or because of this Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Premises, Tenant shall not have the right to make a counterclaim or set off.

3#) Termination: Either Landlord or tenant may terminate the Lease at any given time by giving the other party at least one full month's prior written notice.

I am not sure these will fly in court. Someone else would know better.

[Gail in Georgia]

Sorry but your landlord is correct in many things that they told you...

1. A grill may represent a potential fire hazard and may impact on cancellation of the insurance policy.

2. Your landlord is paying the utilities and is therefore concerned about the cost bathroom fans running when no one is present, high heat, extra air conditioners, etc..

3. Often air conditioners greater than 8000 BTU need different wiring than smaller units.

4. It appears your lease specifies just who can stay in the unit.

Most leases offer an "out" (so to speak) where either party can give 30 day notice of ending the contract.

It appears that your landlord lives close by you (does he/she live in the other half of the house?) This can be a good thing if there is an emergency but a bad thing in terms of checking up on you.

Gail

[BL]

[quote=Renter718;1942587]What is the name of your state? Long Island, New York

Terms of Lease.

1 Year lease starting from 4/15/08 - 4/14/09 with a 1 month escape clause.
All Utilities included w/ the exception of cable and phone
Properties includes our half the house and the driveway on our half the house

Issue:

My wife and I moved into our apartment (which is within a 2 family house) in middle of April. Since then we have had several problems with our LL. Every day there seem to be new rules. We spent a lot of money moving in here (1 month realtor fee, 1 month security deposit, and first month rent) and we are very upset by the way things are going.

The LL intrudes on daily life activities. For instance,

1) Last week my friend bought me a grill as a present for the new house, we set up the drill outside in the driveway that the LL rents to us. Upon seeing the grill, the LL was very angry and stated that this had to be cleared with him. No where in the contract have I seen a rule prohibiting us from having a grill.

If local ordnances allow BBQs , that is your right , however having BBQs in close proximity to neighbors/LL , is not the best of Ideas . Others could be bothered by it, and have health problems .

2) A couple of weeks ago a fan was left on in the bathroom/shower room. The landlord called us requesting that the fan be shut off if no one is using the room.

OK , the LL pays utilities , and noticed the fan constantly running .

3) My cousin stayed with us for 4 days the week leading up to the wedding. The LL came into my house and stated that we are not allowed to have people other then us "living in the house."

Ok , and you explain it was a short term guest .

4) This week the landlord had a meeting with us during which he stated that we are not allowed to have guests sleeping over our house EVER. (In the month we have lived here, only my cousin has stayed with us for the 4 days mentioned above. However, we do intend to have friends stay over occasionally as they travel from far away to visit.)

You have a right to guest up to two weeks , as long as the number of people occupying the address is within occupancy codes .

5) The LL keeps requesting that we keep our heat low (In does not state in the contract, what temperature the apartment must be kept at).

Look at the link for heating season below . It's not an unreasonable request . The LL could simply decide to put a lock on the thermostat , giving you the very minimum allowed .

6) The summer is coming and we have to install our own air conditioners (which was understood from the beginning), however the LL has now made restrictions as to the BTU of the AC to be placed (no more then 8,000 BTU).

Depending on the size of the apt . sq. footage , it may be a reasonable request .

7) The landlord told us that he does not wish us to run 2 air conditioners at any given times.

See above .

When I asked the LL about all these rules he pointed me to the following portions of the lease.

#1) The premises must be used to live in only and for no other reason. Only a party signing this Lease, spouse, and children of that party may use the Premises.

Your LL can not restrict guest , but can take action for nuisances .

#2) Waiver of Jury, counterclaim, set off
Landlord and Tenant waive trial by a jury in any matter which comes up between the parties under or because of this Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Premises, Tenant shall not have the right to make a counterclaim or set off.

Any clause outside the Law written into a lease , is unenforceable .

See the OAG link .

3#) Termination: Either Landlord or tenant may terminate the Lease at any given time by giving the other party at least one full month's prior written notice.

It appears you have a year long month to month lease agreement .

I'm not so sure though , as you stated it also has an early move out clause .

The LL can't have it both ways . Read Leases & month to moth tenancy .

As mentioned, my wife and I spent a lot of money moving in here and the furniture was bought specifically for this house. We really do not wish to move. The most significant of our complaints is the fact that they will not allow any of our friends to sleep over for any given reason (I think that this is unreasonable).

Again , a tenant has a right to have guest .

Is there anything that can be done, or are we in a situation where we can be asked to leave at any time? We really cannot afford to move out (which would include losing the realtors fee and would of course involve moving expenses).

Read your lease very carefully . See if it is just a written month to month agreement for one year , or a fixed term lease .

It seems conflicting the way you posted .

Run your lease by an attorney .

Please let us know,Thanks

This is the problem renting from owner occupied rentals , I doubt if it will end .

You will have to tread lightly , and compromise to try and make your tenancy peaceful , I'm afraid .

If it becomes to the point of harassment , send a letter that all such issues come to you in written form .

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

[applecruncher]

It appears that your landlord lives close by you (does he/she live in the other half of the house?) This can be a good thing if there is an emergency but a bad thing in terms of checking up on you.

True, but (as is often the case when a LL lives near or in same building) this LL is clearly going to hover over the tenants and make life uncomfortable by keeping them inder his/her thumb. Almost from the beginning the relationship has been contentious. LL is monitoring and watching every move they make Not a pleasant way to live.

I'd try to negotiate getting out of the lease and find another place to live. A hassle maybe, but in the long run it'd be worth it IMO.

[Renter718]

To those who asked about the living arrangement, the answer is Yes, he does live right next to me, it's a duplex.

1) I agree with you guys about the grill and I can live with that
2) I can understand the AC issue, and I can compromise on that as well
3) Them dictating how high my heat is, is annoying but once again maybe can be worked around.

4) Not being allowed to have any friends overnight EVER is unreasonable to me and I really can't work around that

5) I don't want to move out, it cost a lot to move in, all I want is to be left alone in regards to things such as my friends sleeping over. I can understand when safety issues are involved such as the case of the grill, or an AC issue which may cause a power problem.

6) A poster above me stated that they had friends stay for weeks at a time, and I agree that that would be rediculous, but certainly not the case here. With the exception of a 1 time 4 day stay by my cousin this situation would never arise again. The LL just does not want friends to stay over ever.

7) So my question is, if I ignore his request about overnight visitors, can he request that I move out w/in 30 days.

I think I was a bit unclear with the lease, so I would like to go over that again.

I have a 1 year lease with the LL which has in its contract a 30 day escape clause. I copied from the lease verbatim in the post above what it states.

8) This I forgot to mention earlier, the LL insists that I pay him cash and when I suggested that this was not in the contract he got upset. So I have been paying him cash every since.

I'm really in a situation where I don't want to upset the guy b/c I don't want to have to move, so I comply w/ all these things, but the friend thing, I just can't deal with.

What should I be doing?

[BL]

Originally Posted by Renter718

To those who asked about the living arrangement, the answer is Yes, he does live right next to me, it's a duplex.

1) I agree with you guys about the grill and I can live with that
2) I can understand the AC issue, and I can compromise on that as well
3) Them dictating how high my heat is, is annoying but once again maybe can be worked around.

4) Not being allowed to have any friends overnight EVER is unreasonable to me and I really can't work around that

5) I don't want to move out, it cost a lot to move in, all I want is to be left alone in regards to things such as my friends sleeping over. I can understand when safety issues are involved such as the case of the grill, or an AC issue which may cause a power problem.

6) A poster above me stated that they had friends stay for weeks at a time, and I agree that that would be rediculous, but certainly not the case here. With the exception of a 1 time 4 day stay by my cousin this situation would never arise again. The LL just does not want friends to stay over ever.

7) So my question is, if I ignore his request about overnight visitors, can he request that I move out w/in 30 days.

I think I was a bit unclear with the lease, so I would like to go over that again.

I have a 1 year lease with the LL which has in its contract a 30 day escape clause. I copied from the lease verbatim in the post above what it states.

8) This I forgot to mention earlier, the LL insists that I pay him cash and when I suggested that this was not in the contract he got upset. So I have been paying him cash every since.

I'm really in a situation where I don't want to upset the guy b/c I don't want to have to move, so I comply w/ all these things, but the friend thing, I just can't deal with.

What should I be doing?

You should be reading the Landlord tenant Laws on the OAG site I provided .

If you're on a fixed term lease , your tenants rights are protected .

Print all relevant laws a provide the LL with a copy , if he is aggressive in his demands .

If the LL doesn't have good cause to evict , he would lose .

Now , get reading , and before you hand him cash again , demand rent receipts for all your cash/Sec. deposit payments , otherwise pay by check .

[Renter718]

Thank you for the above website, it has been very helpful thus far.

However, I'm heaving difficulty finding information about occupancy.

As stated in my contract:

1: Use
The Premises must be used to live in only and for no other reason. Only a party signing this Lease, spouse and children of that party may use the Premises.

How inclusive is this statement. Does it mean that they can tell me that I can't even have friends over for dinner?

1) Is having guests over a violation of above statement
2) Is having guests spen the night a violation of above statement
3) If the above is not a violation, then can the LL still Evict me (I pay all rent on time, we are quite, and respectful of premises).

Here is another statement I found in the lease that I have a question about.

19) Tenant's defaults and Landlord's remidies
Improper assignment of the Lease, improper subletting all or part of the Premises, or allowing another to use the Premises.

(Is the last part something which may include the people who sleep over?)

Any reference (to websites clarifying these laws) would be greatly appreciated.

Thank You,

(Sorry for all the questions, we are just very stressed out about the situation and I just want to be safe)

[BL]

[quote=Renter718;1942916]Thank you for the above website, it has been very helpful thus far.

However, I'm heaving difficulty finding information about occupancy.

As stated in my contract:

1: Use
The Premises must be used to live in only and for no other reason. Only a party signing this Lease, spouse and children of that party may use the Premises.

How inclusive is this statement. Does it mean that they can tell me that I can't even have friends over for dinner?

It means it can only be used as living space by those that signed the lease.

But if you read the laws , there are exeptions .

1) Is having guests over a violation of above statement
2) Is having guests spen the night a violation of above statement
3) If the above is not a violation, then can the LL still Evict me (I pay all rent on time, we are quite, and respectful of premises).

Anything written into a lease that goes against tenants rights are not enforceable .

Those 3 questions have been answered in prior reply .

Here is another statement I found in the lease that I have a question about.

19) Tenant's defaults and Landlord's remidies
Improper assignment of the Lease, improper subletting all or part of the Premises, or allowing another to use the Premises.

(Is the last part something which may include the people who sleep over?)

It means you don't move out and let others to use the property outside what the law allows .

Any reference (to websites clarifying these laws) would be greatly appreciated.

It's covered in the link of the OAG .

Thank You,

(Sorry for all the questions, we are just very stressed out about the situation and I just want to be safe)

Follow your renters obligations , stick to LL/tenant Laws , provide them to the LL if need be and assert your rights .

As was said the LL will continue to monitor your every move , and try and dictate rules and laws he has no right to impose . Be polite , yet assertive in your rights .