landlord and tennant: what's wrong?

[fatigued]

N.Y.C, Queens One family house, two car garage, backyard. No lease in the past four years. We are month-to-month tennants. How many times a year can the rent be raised? The landlord purchased the house four years ago. Within that first year the lease expired. No new lease was drawn up. Considering that, do we still adhere to that old lease? When the landlord took over four years ago, I started to mention the problems with the house. I was cut short when the landlord said he does'nt want to know anything the house. He says he does'nt want to invset any money into the repairs. He mentioned this is because he intends to demolish the house after a year. 4 years have come and gone. And from the moment he said this, any repairs were done at my own expense. For example: in various rooms of the house, I plastered from small to large cracks at least twice a year, I have painted rooms in the house once a year, repaired faucets, repaired the roof three times. (by the way, when previous landlord decided to sell the house five years ago, we had first options to buy the house for 260,000. We refused to purchase the house for that price considering the condition of the house. IT would have cost us 60,000 to repair the house.) A short time later, she told us who the new landlord was going to be. She mention the lease that has'nt expired will be still applicable with the new landlord; with one stipulation, that he has use of the two car garage. That was a verbal agreement. Ever since then, I feel that he's misused the agreement. The driveway that leads to the garage is being used to store used car tires (his place of business is next door. It deals with car rims and tires) sometimes there is more than two hundred tires at a time in a month. He also parks one or two vehicle in the driveway either overnight, for a few days, or a few weeks. Does the use of the garage has anything to do with storing cars and tires on the driveway? On the lease it said Tennant must maintain the yard. The yard is big enough for a full volleyball court. Does he have the right to store vehicles in the yard? In order for me to maintain the yard, is he supposed to supply me with a lawnmower? Any information or direction leading me to solutions would be appreciated.
Thank you

 

[Tracey]

You've let him take advantage of you for years. Why should he change? Learn your rights & demand L comply!

L can raise you rent every month, as long as L gives notice 30 days before the next check is due & no state or local law caps how often or how much he can raise the rent.

L has a duty to repair the house. If L refuses, you have certain repair & deduct remedies. Obviously L isn't gonna repair anything - you've shown that you'll do it if he drags his feet long enough.

Complain about the tires to the local garbage/zoning board. Once you complain, you can sue L for retaliatory eviction if he terminates the rental agreement. Complain to the building inspection dept about leaky roofs, etc. The structural stuff is L's responsibility -- roof, plumbing, electrical, etc. Furthermore, as Peter will tell you with great delight, if the apt is 'uninhabitable' under NY law, you get to live there for free until L fixes everything!

The use of the garage does not include the use of the yard in front of it. Tell L to get his tires off your property.


After you send L all these demands, be prepared to sue L for retaliatory eviction. You might consult a L/T lawyer BEFORE you send the letter, to make sure you've phrased everything properly & protected your rights as much as possible.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!