The Curious Case of Moving In... and Out

[andromat]

What is the name of your state (only U.S. law)? NY

Have moved in less than a month ago, but prior to that had the apartment for about two weeks because was still living at the old place. On moving in noticed that some of the apartment's areas, namely the kitchen and the bathroom, were not cleaned after the previous tenant (and I don't mean cleaned badly - not cleaned at all and for a long time) as well as some things being in a state of disrepair. Also it appears that the previous tenant(s) smoked in the bathroom for years with the smell clinging on. I don't smoke and am very sensitive to this - experiencing allergic-like reactions and headaches. Since I worked every day and the LL doesn't live at this residence and shows up here only on certain days, it took a whole couple of weeks to trace him down and pinpoint the problems. He said that he knew about the bathroom but told me that I should paint it, since, he insisted, he couldn't do it because of his poor back. Same with the dirt. When I suggested that he perhaps should use some professionals to do the work he suggested that I should move out.

On Thursday I finally managed to unpack and connect my computer speakers so that I could listen to some music. I didn't listen to the music too loud by any means and it's a tiny speaker system anyway, but sure enough some tenant from downstairs comes knocking on the door like a maniac. I reduced both the bass, as I thought that might be the possible culprit, and volume, but of course he also calls and complains to the LL. The next day the LL appears at the door, yells that there are complains, that I don't answer the door (funny, it is his door bell that's broken), stomps his feet and bs like that. Again, he tells me to move out. At this point I don't really mind as it was made rather clear that I cannot enjoy this apartment and besides already want nothing to do with these people. The problem is the money and the time that I spent on the apartment search, the move, packing, unpacking and taking days off to do all and any of that and now have to redo once again because because the LL turned out to be an arrogant jerk. And oh yeah, shortly after the LL left the police called and said that a complaint has been filed against me for playing music too loud, which is totally bogus because, even if we accept that I played some music at a questionable level the day before, nothing of that happened immediately prior to police showing up. They didn't tell me who filed the complaint but I strongly suspect that it was in fact the LL himself, making his report false and probably a criminal violation of some kind. Is there anything that I can do about it now and what are my options now as far as the situaion in general is concerned? Thank you.What is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state (only U.S. law)? NY

Have moved in less than a month ago, but prior to that had the apartment for about two weeks because was still living at the old place. On moving in noticed that some of the apartment's areas, namely the kitchen and the bathroom, were not cleaned after the previous tenant (and I don't mean cleaned badly - not cleaned at all and for a long time) as well as some things being in a state of disrepair. Also it appears that the previous tenant(s) smoked in the bathroom for years with the smell clinging on. I don't smoke and am very sensitive to this - experiencing allergic-like reactions and headaches.

You didn't do a walk through or see the apartment before you signed the lease?

 

[andromat]

You didn't do a walk through or see the apartment before you signed the lease?

I did of course, but it was a quick walk-about. This is a tiny studio and there isn't much to see anyway. The blinds were drawn - to hide the disgustingly dirty windows for one thing surely and to let less light into the apartment for another. There was some lingering chemical smell which is still here and which I thought was coming from new linoleum. As the linoleum turned out to be not that new, it's probably that some of the areas of living room/bedroom were retouched with a new layer of paint. The kitchen is in the name only as it is just a corner with a stove, a sink, and a refrigerator with some kitchen cabinets hanging over them. There's not even a countertop there. I looked, but I did not come closer to inspect because it just didn't look like there was much to inspect there and surely I didn't open any of the cabinets or the refrigerator or saw the sides of those things or spaces in between. And I only managed to pick into the bathroom to get a general idea of what it was as the LL was in front of me and there just isn't enough space for two to be turning around there. I did not detect the smoking smell, as I only entered the bathroom for a short second and being there or in the tiny space leading to it with somebody else in the way felt rather uncomfortable.

 

[BL]

Whereabouts in NY ?

#1 ) You could have took your time to inspect the unit before move in .Because you were uncomfortable or anything else has no legal solution.

# 2 ) You were given permission to paint ( should be in writing ), and you could have ask for a reduction in rent toward cleaning/painting, that may or may not have been granted.

# 3 ) The audible noise.In my City there are noise regulations.Check yours out in your area.Here, there are two warning in the same day ,the 3rd leads to a fine.The LL is within his/her rights to address you upon neighbor complaints.

# 4 ) If or when you decide to just move as the LL tells you to ,get the release of tenancy in writing.

 

[Searchertwin]

I did of course, but it was a quick walk-about. This is a tiny studio and there isn't much to see anyway. The blinds were drawn - to hide the disgustingly dirty windows for one thing surely and to let less light into the apartment for another. There was some lingering chemical smell which is still here and which I thought was coming from new linoleum. As the linoleum turned out to be not that new, it's probably that some of the areas of living room/bedroom were retouched with a new layer of paint. The kitchen is in the name only as it is just a corner with a stove, a sink, and a refrigerator with some kitchen cabinets hanging over them. There's not even a countertop there. I looked, but I did not come closer to inspect because it just didn't look like there was much to inspect there and surely I didn't open any of the cabinets or the refrigerator or saw the sides of those things or spaces in between. And I only managed to pick into the bathroom to get a general idea of what it was as the LL was in front of me and there just isn't enough space for two to be turning around there. I did not detect the smoking smell, as I only entered the bathroom for a short second and being there or in the tiny space leading to it with somebody else in the way felt rather uncomfortable.

And you blame the LL because you didn't take the time or effort to check things out?

 

[Searchertwin]

[ Also it appears that the previous tenant(s) smoked in the bathroom for years with the smell clinging on. I don't smoke and am very sensitive to this - experiencing allergic-like reactions and headaches.

And you blame LL for your allergic-like reactions and headache because your sensitive nose didn't smell that smell of five years that still clings in the apartment?

Don't look for that as an excuse to vacate apartment. You should have noted the smell on walk-through.