• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

problems in ny

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

summah

Junior Member
i have a question concerning what a landlord can and cannot do. does he legally have the right to enter the premises without notice of actually entering my rental space and throw away any of my belongings even if he thought it was trash. fyi it was a single rollerblade mixed with some random stuff, most could have been tossed. my garage also recently semi flooded and leaves had blown in through a small hole in the frame of the garage door. this small hole is also an entrance for rats which i've had a problem with since i moved in.i wrote him a very polite and professional letter explaining the situation and included the same model printed off the internet and told him i was deducting it from my rent. now he's flipping pissed, said there was rat poop in it and is demanding that i send the rest of the money i held for compensation. i don't think there was rat poop in my rollerblade but who knows, either way i feel it was my decision weather it was still useable and this could just be his excuse for no taking the blame for something that he shouldn't have done i'm probably going down to my city government offices in the morning but this is pissing me off and would like some input/advice. i would like my security deposit back, i'm also no longer in a lease but was supposed to send back a signed one and would have until this event, leaving me month to month since January. i have live here for about a year and a half.
 


MIRAKALES

Senior Member
In most states, LL is required to provide twenty-four (24) hours advance notice prior to entry. LL can enter at any time in cases of emergency (electric, plumbing, structure issues, etc.)
Based upon the information provided, tenant seems to be seeking a perfect LL and perfect living conditions. No matter where one lives there will be occasion and need for repair. The hole in the garage should have been covered by tenant to block rodent and animal access to allow LL time to repair. The LL should not have thrown away tenant’s personal property (but this is not a LT matter either). Technically, the garage is intended for the storage of working vehicles only. Many LLs and leases prohibit the storage of household items and unwanted junk in the garage.

*Not sure what tenant means by “included the same model printed off the internet…”
Not clear why tenant would mail “rat poop” in an envelope to LL and expect LL not to be “flipping pissed.” This is the reason tenant’s Rollerblade was thrown away and LL entered when tenant was not available. Tenant is being a disrespectful PITA and expects others to tolerate childish behavior. Good luck with presenting your “issues” to the government offices in New York. Not clear why tenant needs to file reports either if the intention is to vacate at will (based upon the unsigned lease since January 2008 and expectation of security deposit refund).
 

BL

Senior Member
No , your LL can not just enter at will . There must be an emergency , or your request for repairs , otherwise reasonable ( 24 hrs .) notice to enter is required . If the LL enters at will , call the law .

You can sue for belongings the LL throws out . You could also call the law for theft .

You can not deduct from rent the cost of your belongings , or the hole in the garage .

If you have building or habitability issues m contact code enforcement .
 

summah

Junior Member
no no, i didn't mail rat poop. i mailed a piece of paper with the same model rollerblade on it to show how much they were worth. and his flipping pissed meant that he called screaming and yelling using vulgarities at me until i was able to have him calm down so i could talk to him. and for the record there has been the issue of rats since i moved in and he was supposed to fix the hole in the garage about a year ago and never did. i'm not trying to be a jerk to my landlord as i feel that there has been a good relationship between us up until this point. i was supposed to resign a lease this month from may to june 2009 but was hesitant to mail it back because of this whole situation and the reason i wasn't in a lease for the past few months was he was out of town.
 

Alaska landlord

Senior Member
I little steel wool in the rat hole would have solved the problem a year ago, but I suppose that would have been too much trouble and it's not your job. Your landlord can terminate your lease and will probably deduct from your SD the amount of rent missing. It is also possible that he will reject your next payment if not paid in full.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top