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Old 01-17-2012, 01:34 PM
 
Location: Brooklyn New York
18,478 posts, read 31,664,609 times
Reputation: 28019

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Quote:
Originally Posted by highlife2 View Post
Until stuff turns up missing and the LL is dealing with a theft law suit. When I become a tenant I will have renters insurance but I will also have cameras and if a theft occures because the LL let in a "handy man" I will get criminal charges on the "handyman" but will also pursue civily the LL who let him in to compensate me for my time in having to deal with the issue if the LL did not insure that the "handyman" was licenced and bonded.

If the LL wants to limit their liability then thoes are not reasonable hours.
and this is exactly why I don't want anyone in my home that I pay for.


period and end of it.

 
Old 01-17-2012, 03:55 PM
 
Location: Clermont Fl
1,715 posts, read 4,781,129 times
Reputation: 1246
Did you lose your key
 
Old 01-17-2012, 03:57 PM
 
136 posts, read 193,581 times
Reputation: 105
Quote:
Originally Posted by CarlitosBala View Post
How incredibly irresponsible of you to OWN a property, that you are liable for, and not have a copy of the key. If a tenant of mine changes the locks and flat-out refuses to give me a copy, I'd start eviction paperwork right then and there.
It is YOUR home, and YOU are leasing it out to a third-party. Never forget that.



Grow a pair. Seriously. Stop bending over backwards for this person. They are allegedly already not paying you rent. Its LONG overdue for you to stop being Mr.Nice Guy.
Put on your landlord hat, grab your man-gloves, and take your behind to your local court and start evicting this person.
At the very least, do. not. renew. their. lease.
Well I appreciate your advice to get tough and start eviction proceedings for this and that and......
And I would if I were operating in a normal LL-tenant legal environment, which you apparently are. You can't even imagine how much I would like to evict this particular tenant. It is my fault that I neglected to mention that my building is in New York City. Many of the apartments in NYC fall under a form of rent control called the Rent Stabilization System (RS). RS does much, much more than just control rents. It effectively transfers ownership rights from the building owner to the rent-stabilized tenants. These tenants have the right to renew their leases indefinitely. No matter what. They can even pass on their apartments to the next generation, almost as if it were part of their estate! The system is a nightmare. The only way such a tenant can be evicted is if she completely ceases to pay the rent. That's why this particular tenant has been living there for 20 years. In a normal legal environment her lease simply would have not been renewed a long time ago.

These tenants have a lot of legal leverage. Due to RS "protections" they have no fear of the building owner. That's why she behaves like this. In fact, those who know the system well can work it, retaliate, and make life miserable for a LL. I'm pressing a non-payment case now on this tenant as far as I can take it. Under RS that's really the only way to get rid of her. And even then, she can easily end up walking away with six months rent if she knows how to play the system. And this one does.
 
Old 01-17-2012, 04:00 PM
 
Location: New England
241 posts, read 793,354 times
Reputation: 226
Wow ... all I can say is I'm glad I'm neither a tenant or a landlord in NYC.
 
Old 01-17-2012, 04:06 PM
 
Location: Clermont Fl
1,715 posts, read 4,781,129 times
Reputation: 1246
Quote:
Originally Posted by Green Explorer View Post
Well I appreciate your advice to get tough and start eviction proceedings for this and that and......
And I would if I were operating in a normal LL-tenant legal environment, which you apparently are. You can't even imagine how much I would like to evict this particular tenant. It is my fault that I neglected to mention that my building is in New York City. Many of the apartments in NYC fall under a form of rent control called the Rent Stabilization System (RS). RS does much, much more than just control rents. It effectively transfers ownership rights from the building owner to the rent-stabilized tenants. These tenants have the right to renew their leases indefinitely. No matter what. They can even pass on their apartments to the next generation, almost as if it were part of their estate! The system is a nightmare. The only way such a tenant can be evicted is if she completely ceases to pay the rent. That's why this particular tenant has been living there for 20 years. In a normal legal environment her lease simply would have not been renewed a long time ago.

These tenants have a lot of legal leverage. Due to RS "protections" they have no fear of the building owner. That's why she behaves like this. In fact, those who know the system well can work it, retaliate, and make life miserable for a LL. I'm pressing a non-payment case now on this tenant as far as I can take it. Under RS that's really the only way to get rid of her. And even then, she can easily end up walking away with six months rent if she knows how to play the system. And this one does.
That sucks I just evicted a lady with 4 kids out this month and will start showing the house this weekend. 3day on the 2nd filed on the 6th court on the 12th sheriff on the 13 for her 24 hour notice to the dump on the 16th.
 
Old 01-17-2012, 04:49 PM
 
Location: Austin, TX
16,787 posts, read 49,095,534 times
Reputation: 9483
Quote:
Originally Posted by highlife2 View Post
Until stuff turns up missing and the LL is dealing with a theft law suit.
And he can counter sue you for damages for a theft that you cannot prove he did.

Quote:
Originally Posted by highlife2 View Post
When I become a tenant I will have renters insurance but I will also have cameras
So you don't actually rent now and probably don't know what you are talking about. Those surveillance video's rarely produce images of adequate resolution to identify the criminals much less tell anything other then someone walked through the room.

Quote:
Originally Posted by highlife2 View Post
and if a theft occures because the LL let in a "handy man" I will get criminal charges on the "handyman"
You cannot "get criminal charges on the handyman". The best you can hope to do is file a police report. We had something like this happen in an apartment we once lived in and the police said there was nothing they could do because there were no witnesses that the handyman stole the items that were missing. The most we could do was file a claim against our renters insurance.

Quote:
Originally Posted by highlife2 View Post
but will also pursue civily the LL who let him in to compensate me for my time in having to deal with the issue if the LL did not insure that the "handyman" was licenced and bonded.
You can't sue the landlord for doing his job especially when you can't prove the "handyman" did anything. What law says the handyman has to be licensed and bonded? All you will have is your word that some items are missing. You will be lucky if your insurance company is willing to accept your word.

Quote:
Originally Posted by highlife2 View Post
If the LL wants to limit their liability then thoes are not reasonable hours.
They are normal business hours, recognized by every court in the country as being reasonable. The landlord has no liability when he is just doing his job in a reasonable manner.
 
Old 01-17-2012, 04:52 PM
 
Location: Austin, TX
16,787 posts, read 49,095,534 times
Reputation: 9483
Quote:
Originally Posted by nightcrawler View Post
[/u][/b]
[/color]I am lucky then that our LL doesn't require us to give keys, because I wouldn't anyway.

Besides what are they going to do, punish me...

I also don't care care what NYC laws and regulations or whatever, no one is getting a key to my apartment, not today, not tomorrow, not ever.

if there is an emergency such as a fire, they dont need my keys, the fire dept is fully capable of breaking down the door.
You don't care what the laws and regulations say. LOL Good luck with that.

Not giving the landlord a key can be grounds for evicting you in most states. If you were my tenant you would be out on the street.

If you do not give the landlord a key and they have to break your door down in an emergency (gas smell, water leak, smoke alarm), then you are liable for the cost of repairing the damages to break into your unit.
 
Old 01-17-2012, 05:36 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,322,535 times
Reputation: 6471
Methinks that since nightcrawler is the OWNER of a coop, s/he is mistaking a building superintendent, ( a management position, hired by the coop board ) from a landlord owner who rents apartments to others.
 
Old 01-17-2012, 07:55 PM
 
Location: southwest TN
8,568 posts, read 18,121,569 times
Reputation: 16707
And regardless whether it is a building super or a LL owner, NY law is clear regarding providing a key. Someone other than nightcrawler is the owner of the building itself and, as such, the building super can ask for a key and the tenant/coop owner must provide - see my previous post and also Manderly in post #26.
 
Old 01-18-2012, 10:54 AM
 
Location: Heart of Dixie
1,298 posts, read 2,240,052 times
Reputation: 1604
Quote:
Originally Posted by nightcrawler View Post
I wouldn't give a LL a key to my apartment EVER.

I would be home however, if certain repairs have to be made.

I don't care what people say, i do not believe in giving out keys.
give aLL a key? Honey I give the keys..you have no choice, it's my property.
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