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Landlord/Tenant Ugly Situation Please Help!

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J

JPort

Guest
Hello,

I am a renter in Staten Island, NY. I am renting the top half of a mother-daughter. I signed a typical Bloomberg Lease in 97, 98, and 99 and my landlord never asked for a renewel in June 2000, so I guess you would say that I am a month to month tenant. There was a rider attached to the lease; here is the wording verbatim:

"This rider is attached to and made part of the lease agreement dated _____ between [landlord] and [tenant].

The tenant is responsible for the repair of appliances and fixtures, such as refrigeration and dishwasher.

The tenant provides heat and hot water for the first level apartment. The tenant also provides electricity for one of the outlets in the bedroom of the first level apartment. The landlord agrees to pay for one third of the tenant's gas bill for November and March and one half for December, January and February.

The tenant is responsible for maintaining lawn and shrubs in good condition.

The tenant is responsible for snow removal in front of the house.

Only one small dog is allowed."

Points to note:

The rider about the electrical outlet arose because we blew a fuse upstairs and the tenant's bedroom downstairs blacked out. I brought it to his attention while renogiating the lease and he put that in. I have also found out that this house is in fact a two family, but the Certificate of Occupancy only states that the first level apartment is a one bedroom; the landlord has converted it to a two bedroom, which houses a family of six.
I would also like to point our that I have zero access to the fuse box. If a cicuit breaker blows and the downstairs tenant is out, I go without power until they return, or the landlord shows up.

Myself and my wife live upstairs; a couple with 4 children live downstairs. I am paying for the hot water for 8 people and I am just 2. Every other month the landlord drops a photocopy of a gas bill in my mailbox addressed to him with my address as the servicing address and asks me to pay the specified percentage (as stated above)

Now here is the new dilemna:

A while back I had a problem with the oven. I had a repairman come in, and it was fixed at the landlord's expense. Recently, the oven broke again and this time the landlord refuses to reimburse me quoting the rider to the lease "the tenant is responsible for the repair..." I believe (and claim) that the agreement when I moved in was that I would be responsible ONLY for the dishwasher and refrigerator.

When I brought it to the landlord's attention, he got very angry, mentioned that he was not asking for the previously paid bill, and then mentioned that I should start looking for a new apartment. This is all stemming from a bill that he should be paying for!

What can I do? What jargon can I use on the phone throw back at this idiot? Is it unlawful to have me sign an agreement to share a meter? Is it fair that I am splitting the heat and hot water when it is 2 of us and 6 of them (downstairs tenants)? Is it lawful for me to be paying a gas bill that is clearly in his name? If he pushes, what can I push back with? Is he violating any rules?

Please help!
 


M

mary hartman

Guest
You need to go to the buildings dept on Staten island and get the certificate of occupancy, and see what it says...

Well you did...and it sounds like.. A Mother/daughter is for ONE FAMILY...and it sounds like the landlord is ILLEGALLY renting it out as a 2 family...

This would be great, because if its an Illegal apartment, you would NOT be obligated to pay any rent, and he cannot evict you in housing court , only in supreme court as an "Ejectment" which could take 6 months and is very exensive for the landlord.

So take a day off from work go to the buildings dept. see an housing/zoning inspector, call Con Ed and ask them to check the lines, So It has TWO electric meters RIGHT?

Then hire a landlord tenant lawyer.

The landlord should have paid the gas bill, dumb

[Edited by mary hartman on 03-26-2001 at 09:46 AM]
 
J

JPort

Guest
Thank you for the fast response. The C of O states that it is a 2 legal family house, but that the downstairs apartment is a 1 bedroom and the upstairs is a 2 bedroom with a garages. The landlord has converted the garage to a second bedroom for the downstairs tenant and never received a new C of O. Also, the gas bills are mailed to the landlord, and are in his name. He then forwards them to me and asks me to pay. What about the electric outlet for the downstairs tenant that I am paying for?

[Edited by JPort on 03-26-2001 at 09:33 AM]
 
M

mary hartman

Guest
There are 2 electric meters Right?

call con ed, and the building dept and report an illegal constuction, and see what you can do.....

also call a LT lawyer get a consultaion, they are usually $25 for a half hour.. and take all of the info.

You might have some grounds here for a lawsuit to reimburse you for the extra costs
 
J

JPort

Guest
Ahhh... the thrill...

Mary,

I was home sick today, so I had a chance to head over to the buildings department. Apparently, the C of O states that this house is a 1 family. I did, however, head over to the Department of Finance and inquire about the tax status of the house. The landlord files as a 2 family dwelling. It seems that if you have a family member living in the downstairs apartment, you would file as a 2 family in a 1 family (mother/daughter). If the family member moves out and a "stranger" moves in, you must then get an architect and file a new C of O. Is this correct. Please o please!

Thank you so much for your help...
 
M

mary hartman

Guest
YES you are corrcect then it is a 2 family home, and the apartment is ILLEGAL....

Also it might violate his homeowners insurance too if he has rented it out to a non family member..like you.
 

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