Terminate Lease?

[pcv1107]

I have been living at my present address for over 30 years. However, I cannot locate my original rent stabilized lease that conforms to the laws of Bronx, NY. There has been numerous owners and all of them, including the present one know that I have a washing machine. I was awarded a judgement for damages that were caused by the apartment above and the present landlord refuses to pay, so I have been deducting my monthly rent from my awarded judgement and I am told that this cannot be done. Now, after almost 2 years of them having knowledge of the washer they are telling me that I am in violation of my lease and I must vacate the premises. Originally I received a letter to cure and I have disconnected it prior to the cure date. However, eventhough it is disconnected they are telling me that I still cannot have possession of it.

Please advise me in regards to what I should do because it seems that they are retalliating against me since I won the judgement.


Thanking you in advance for all of your time and consideration.


Paul C. Vinelli

 

[HomeGuru]

Wait for out NY expert Jack Mevorach to respond.

 

[Jack Mevorach, Esq.]

You may have a counterclaim for retaliatory eviction, which, in NY, carries its own set of penalties for landlords.

If your lease says no washing machines, and you've had one for a long time, and knowledge of same can be imputed to landlord, then the lease provision that says no washing machines has been waived and can't be enforced.

I would have recommended other means to enforce your judgment and I would have advised you NOT to disconnect the washing machine.

If you like, phone for free consult.