My landlord is a big bad wolf!

[divalicious]

Hi Greetings everyone,

I feel like a little piggie with the big bad wolf landlord knocking at my door. But this little piggie was smart, she has "built her house of bricks." You see three years ago I rented an apartment in new York city located at 34 Diva Lane, apartment 1F. But recently I filed an overcharge complaint against my landlord, and the New York STATE Department of housing and community renewal, told me my building was listed as 32 Diva Lane (34 1F). according to them 34 Diva Lane 1 F, does not exist.

The front of my building says 34 Diva Lane, but it seems like the previous owner had registered the building under one entity as 32 Diva Lane and placed the building under rent stabilization laws. Apparently the present owner did not know this, why else would he sign a lease with me for 34 Diva Lane, 1F.
I am presently in landlord tenant court with my landlord for non-payment. I have decided to withhold rent because of rent overcharge. When I first saw the apartment the landlord told me it was $900, light and gas included, but after everything was done and I was about to sign the lease, the landlord pulled a bait and switch, he wanted $1000, no light or gas included. I signed the lease under duress. The last tenant before me paid $730, and minimal repairs were done before I moved in. That’s why I claimed over charge.

Can I ask the court to dismiss the case because of an invalid lease? IS THE LEASE INVALID? Can I ask for the original agreement to be put in effect with $900 light and gas included, if that lease is indeed found to be invalid? What kind of defenses can I use? The landlord was also caught with an illegal basement in my building, I think that shows his propensity for shady dealings.

Can someone please help this little piggie before the big bad landlord blows her house in? THANX

Please note: Diva Lane is not a real address, it is used as an example for the purpose of this post only.

 

[Zigner]

Hi Greetings everyone,
I feel like a little piggie with the big bad wolf landlord knocking at my door. But this little piggie was smart, she has "built her house of bricks." You see three years ago I rented an apartment in new York city located at 34 xxx ave, apartment I F. But recently I filed an overcharge complaint against my landlord, and the New York STATE Department of housing and community renewal, told me my building was listed as 32 xxx ave (34 1F). according to them 34 xxx ave 1 F, does not exist.
The front of my building says 34 xxx ave, but it seems like the previous owner had registered the building under one entity as 32 xxx ave and placed the building under rent stabilization laws. Apparently the present owner did not know this, why else would he sign a lease with me for 34 xxx ave. 1F.
I am presently in landlord tenant court with my landlord for non-payment. I have decided to withhold rent because of rent overcharge. When I first saw the apartment the landlord told me it was $900, light and gas included, but after everything was done and I was about to sign the lease, the landlord pulled a bait and switch, he wanted $1000, no light or gas included. I signed the lease under duress. The last tenant before me paid $730, and minimal repairs were done before I moved in. That’s why I claimed over charge.
Can I ask the court to dismiss the case because of an invalid lease? IS THE LEASE INVALID? Can I ask for the original agreement to be put in effect with $900 light and gas included, if that lease is indeed found to be invalid? What kind of defenses can I use? The landlord was also caught with an illegal basement in my building, I think that shows his propensity for shady dealings.

Can someone please help this little piggie before the big bad landlord blows her house in? THANX

Quoted to remove personal info.

Now, if you don't have a valid lease, then you don't have a valid lease. I doubt you were under duress when you signed (what caliber was the gun? )

 

[divalicious]

zigner, 34 xxx ave is not the actual address...i used it as an example. I should have used 34 Diva lane....that would have been more obvious....LOL

However the facts remain the same...

 

[Zigner]

zigner, 34 maiden ave is not the actual address...i used it as an example.

Then you should have stated that originally.

With that said...
What caliber was the gun used to put you under duress?

YOU signed the lease of your own free will.
YOU signed a lease for an apartment at 34 xxx street. It exists, it's right there. In fact, you're probably going to be looking at this forum from there.

 

[divalicious]

Zigna I beg to differ with you, 34 does exist but it is not recognised as an individual entity by the New York State Department of housing and communty renewal...they are the ones who told me . Business is to be conducted under 32, isn't it the landlord's responsibility to make sure of the right address to conduct business under, especially when signing a legal contract. It is my position that if the address is not valid, then the lease is not valid. Also, tricking people into contract is illegal, and if it is not, it should be. Isn't bait and switch tactics against consumer protection laws.


PS: the caliber of the gun that was used is called landlord trickery, deception, manipulation and greed.
WOW SOUNDS LIKE WALL STREET!

 

[Zigner]

Good for you. If the lease is not valid, you are free to move.
You are NOT free to pay whatever you NOW feel is better rent. Particularly after you freely and willingly agreed to a different amount

 

[divalicious]

ARE YOU A LANdLORD ZIG? I know you are not under oath, but do tell the truth.

you seem pretty defensive of this guys ill behavior, thank god you will not be my judge in housing court. you seem to have a pro-landlord biased. Iet's hear your reponse to this: the landlord also slammed the basement door on my arm when I gave him a letter demanding rent receipts, and a lease rider proving how he calculated the (overcharge) rent. I have a medical report from the emergency room to prove this bruising on my arm. I do not want the rent to be what I want, i want it to be what he advertised it to me as in the first place: $900 with light and gas. $900 was his number, NOT mine.

ps: i DID NOT WILLFULLY AGREE TO A DIFFERENT AMOUNT...I WAS TRICKED AND COERCED INTO IT!

 

[ecmst12]

I doubt the lease will be invalidated for this reason, though the LL may be required to correct his filings with the city. If you agreed, in writing, to pay $1000 per month, then that is what you owe and you WILL be evicted if you continue to refuse to pay. It's generally pretty hard to evict someone in NY, UNLESS they don't pay rent. Then it's easy.

 

[Zigner]

ARE YOU A LANdLORD ZIG? I know you are not under oath, but do tell the truth.

you seem pretty defensive of this guys ill behavior, thank god you will not be my judge in housing court. you seem to have a pro-landlord biased. Iet's hear your reponse to this: the landlord also slammed the basement door on my arm when I gave him a letter demanding rent receipts, and a lease rider proving how he calculated the (overcharge) rent. I have a medical report from the emergency room to prove this bruising on my arm. I do not want the rent to be what I want, i want it to be what he advertised it to me as in the first place: $900 with light and gas. $900 was his number, NOT mine.

So, sue the LL for your medical bills. You did get a police report, right?

 

[divalicious]

U did not answer the landlord question Zig, are u a landlord, or a landlord attorney? haha...no need to answer....u have exposed yourself..haha.

ecmst12...I hear you, but what about the landlord's refusal to give me the vacancy lease rider or the receipts (as required by new york state law) to show me how the rent was calculated. I am not obligated to pay any rent that is not the legal rent. Also the last rent on record before mine was $730...he increased the rent $270. But he is only entitled to a 17% increase plus $25 on every $1000 for repairs. My calculations under new york dhcr laws: 17% ...puts my rent somewhere around $850. It is the landlord's responsibility to calculate the legal rent. I am not obligated to pay any illegal rent. Threfore the $1000 lease is again invalid. True or not?

 

[You Are Guilty]

Wait a second, what the heck does DHCR have to do with the price of tea in China?

If your only defense to the non-payment proceeding is that DHCR doesn't recognize 34 XX St, only 32 XX St., you may want to start apartment hunting immediately.

 

[divalicious]

Wait a second, what the heck does DHCR have to do with the price of tea in China?

If your only defense to the non-payment proceeding is that DHCR doesn't recognize 34 XX St, only 32 XX St., you may want to start apartment hunting immediately.

no MR. Guilty

my main defense is that my landlord is overcharging me rent. New York DHCR has everything to do with it, they regulate rent stablized apartments and overcharge. A landlord has to calculate rental increase, as per their regulations. He has to show he came to a certain amount by following their regulations, or they can fine the landlord and order him to pay the tenant the overcharge amout.

 

[Zigner]

U did not answer the landlord question Zig, are u a landlord, or a landlord attorney? haha...no need to answer....u have exposed yourself..haha.

I thought it was rhetorical.
Nope, not a LL and not a LL attorney. Just a person who is not always trying to squirm out of commitments that I freely and willingly agree to.

I am not obligated to pay any illegal rent. Threfore the $1000 lease is again invalid. True or not?

Great - feel free to move out from under the illegal lease that you freely and willingly entered in to.

 

[divalicious]

I thought it was rhetorical.
Nope, not a LL and not a LL attorney. Just a person who is not always trying to squirm out of commitments that I freely and willingly agree to.


Quote:

it was rhetorical...i was just joking...anyway the only person who squirmed out of commitments was the landlord. he is the original squirmer...he is the one who advertised the apartment as $900 then switched it to $1000. Is that ethical? heck no! The landlord is lucky I did not report him to the state for violation of consumer protection laws for bait and switch. zig sorry if i mistook you for a landlord attorney, your manipulation of the facts, and twisting of story to make me look like the switcher made me think u were masquerading as a normal person who is really a landlord or a landlord attorney. hoho haha

 

[Zigner]

it was rhetorical...i was just joking...anyway the only person who squirmed out of commitments was the landlord. he is the original squirmer...he is the one who advertised the apartment as $900 then switched it to $1000. Is that ethical? heck no! So forgive me zig if i mistook you for a landlord attorney, your manipulation of the facts, and twisting of story to make me look like the switcher made me think u were masquerading as a normal person who is really a landlord or a landlord attorney. hoho haha

Manipulation of facts?
You signed a contract under your own free will...willingly and under NO legal duress.
What "facts" did *I* manipulate?

(It's a rhetorical question - I KNOW you don't like the legally correct answers being given here).