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I was told to come here to ask about these issues and everyone seems really knowledgable here. I moved into this new apartment (top floor of a duplex) a couple of months ago, I signed the lease and began paying rent in August but it took me a little while to move in. I work two jobs to pay the rent (I'm 19 y/o) and live with two other guys my age who go to school. Ever since we moved in our landlord has been letting himself into the apartment whenever he wanted (on the premise that he had house showings and had to make sure the house was clean for them, not with our okay). He would call me and scream at me for things like the bathroom being a little dirty (nothing crazy), dirty dishes, things on the floor of our rooms. Most of these times he let himself into the place, cleaned it up himself and moved our personal belongings around. He has threatened me with eviction many times for things like spilling coffee as well as hearing from a neighbor that me and my room mate were seen walking around town (off his property) smoking a joint. He came into my room unannounced and I had a pack of rolling papers and an EMPTY baggie out which he took and then called me and threatened me with eviction AGAIN. After I got sick of his intimidation I looked up some NY state tenant law and realized he was harassing me and violating my privacy. He tried to meet with my mother alone (she signed the lease since he wanted an adult on it) but I don't trust him seeing how he is a bully and an intimidator. Me and my mother room mates and their parents wanted to be present for this meeting (my room mate's parents are landlords and know the law) but he would not meet with us. He also put up no smoking signs on the porch and dismantled our patio (both of which are provided in the lease). After seeing all of these violations of the lease and knowing that he won't meet with us our plan is to simply find a new place and move out. We would leave him a letter detailing all the ways he violated the lease (I kept a log) and tell him to cut off all communications to us because if this got to court it would be worse for him that it would be for us. We have spoken to a few lawyers and this idea came from one of them. I was advised this is not the greatest idea as it is blatantly breaking the lease but he refuses to meet with us regarding a mutual agreement to end it as things clearly aren't working out.
Thanks for reading! I would really appreciate some of your input.
I believe when the landlord is entering without notice (they must notifiybefore they inspect or show, but they don't need approval) then you should send a written, return receipt usps mail to landlord stating the dates/times that he has entered without notice. Quote the state law that says they are not allowed to do this. Demand that he no longer does this. Specify he is breaking the lease and that you are allowed the right to privacy(quote the law again).
When he does it again, send another notice but this time state you already gave prior notice and he continue to break the lease and that you are giving notice and moving out. And because he broke the lease, you are not to be charged for moving out early. (get appropriate legal wording for this letter).
You will need both of the above actions/proof in order to be sure that you will win in court if he attempts to charge you for breaking the lease (for moving out early).
***Disclaimer - I do not know NY law but am quoting based on general lease issues.
Maybe you get an inexpensive camera that records him entering/snooping, for proof?
I feel for you. I rented a place once and the landlord was sneaking in and snooping when nobody was home, on several occasions. He was leaving doors unlocked when exiting, which was a safety concern. I became concerned about leaving valuables in the home and began taking some with me when I left the home.
Nobody wants to confront their landlord, as this could cause friction. But when I checked the law, it stated you had to notify the landlord that you knew they were entering and that they are not allowed to do this per law. Started to wonder if the snoopy landlord installed cameras in the home to snoop even more. Creepy. A total invasion of privacy. I moved because no longer in long term lease. I lost trust that he would stop snooping even when notified of it. Plus didn't want to get into a confrontation over it. Kind of like if your significant other cheats....the trust is broken.
Last edited by sware2cod; 11-23-2011 at 06:09 AM..
I do not totally agree w/ these folks, however I am not familiar w/ the tenant rights in your area. You do however mention that he is showing the house for sale? Did you know this prior to renting? And, if you do have things like papers, and questionable items, he should have just called the cops. Are you sure your parents know the whole story? Sounds as though both parties are committing some sort of crime. Thats what they have courts for. Good luck
Two wrongs never make a right. He is wrong for coming into your home and yelling for things that are normal for anyone..who doesn't have clothes on the floor or dishes in the sink? But, you're also wrong for bringing ganja onto his property. You know darn well it's illegal, and he does have a right to evict you for doing drugs..and he should be calling the cops on you.
So..my advice...get rid of the ganja, get a lawyer and find out what your rights as a tenant are. And he has every right to meet with your mom alone since she is on the lease and is going to be responisble for any monies owed due to you being kicked out.
Please keep this thread updated..I often wonder how things turn out with people.
I think you should stay out of court, and the reason is because the baggie with rolling papers could be considered "possession of drug paraphernalia," in which case you are then in possible trouble from the law and might wind up in jail, of all things, altho this is not likely; I think the landlord is just scaring you into submission. I also think the only reason he hasn't evicted you by now, other than he has no basis, is because he may want to be able to say to prospective buyers that the place is "fully rented." In other words, he's trying to make you live a perfect life whilst on his property, which everyone knows young adults in school are incapable of such fastidiousness, as are many grown adults like me.
So, the solution is to indeed give notice, move out, forgettabout any deposit or anything he threatens to withhold, just say, "Fine." But before you leave, hire a cleaning crew to come in while you are in the process of moving, and ask them to work quickly and make the place spotless, clean the carpets, and if anything needs repair in the way of carpentry or WHATever, get a handyman over there pronto to fix it. So, by basically giving the landlord what he apparently wants, a very clean and orderly (vacant) apartment, he will be so filled with relief that hopefully he'll realize that saying a place is "fully rented" is not all it's cracked up to be, if that is indeed his big problem, and you all simply moving will wind up being the best solution for everyone involved.
In this manner, even tho he acted like a maniac, and even tho he went so far as to scare you with all this malarky about smoking weed, and even tho you could probably sue him for invasion of privacy and harassment, he will get basically what he needs, with the exception of being able to say the property is "fully rented." Sooooo, to perhaps help this fellow out on re-renting it, if he desires to have the place "fully rented," and because you want to do everything completely correctly so as to avoid police contact, is to check the classifieds of your school newspaper where a few people might have placed an ad that states, "Need apartment immediately," or whatever, and then give him the paper, folded to that page, and circle that group of ads.
I just think the spectre of drug activity being used against you is just too much when weighed against a few hundred dollars lost in deposits and uber-cleaning. In addition, you need to roll your own tobacco for about a month, it saves money, and that will be your cover story on the marijuana thing if you ever need it as relates to this incident, but I do doubt any residue left in the baggie he took would be enough to test for the presence of cannibis, not to mention the loss of continuity over the security and control of evidence.
Let us know how things are going. And have no doubt in your mind, that guy is a nutcase, and you all have done nothing wrong in all of this. Only thing left to do is break away clean, burn no bridges (nuke them), and the way to make obstacles disappear is simply be kind in all things, "If a man asks for your coat, give him your shirt too" (Four Gospels). But now, if that guy ever lays a hand on any of you guys whilst in your apartment, feel free to shoot him. Smile.
How on earth is the LL going to prove that the empty baggie and the rolling papers came from the OP's apartment?
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