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Old 11-04-2010, 11:43 AM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,218,769 times
Reputation: 7338

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Quote:
Originally Posted by brucew View Post
I would point out to your LL that if he proceeds in court, than it will be brought up that the apartment is illegal, in which case the judge will NOT require you to pay owed rent, and your LL may be fined by the town for thousands of dollars. Also point out to your LL that the next call you place will be to the IRS for tax fraud, as I am quite confident someone like this did not claim the income on their tax returns.

Tell your LL you do not want to go this route, but if he comes after you than you are coming after him. In some instances, though rare, the judge may even hand down a judgment against your LL requiring him to pay you back rent. In doesnt happen often, but it does happen once in a while.

Tell him you want to move out quietly with no problems, but if wants to create one for you, you will certainly create one for him.
Wellll ... some judges will and some won't is what I've heard. It depends on the judge.

I agree with the person who posted that the tenant needs to show up in court to avoid a default victory on the part of the landlord.

What I would do is tell the landlord that if he plans to drag you into court, you are going to tell the judge you want to pay the rent for the last 2 months to Chase Bank instead to help pay down the 2 years of mortgage payments he owes them. You can subpoena the Chase rep to come to court also who told you about that and if Chase is serious, it can put a lien on any award of back rent your landlord might win so your landlord will see that he will get NOTHING. That would actually be the fairest thing because frankly your landlord has been a MUCH bigger "deadbeat" for a much longer amount of time and a much larger amount of money than you have. The BANK holding the mortgage actually OWNS the house you are living in, NOT the landlord. If it were me, I would get a kick out of doing that and also feel that I personally am not a deadbeat because I paid my way for the 2 months instead of skipping out. I'd feel better giving the money to the actual OWNER of the house in default, NOT the deadbeat landlord.

Also, remind the landlord that he had better have been keeping your security deposit in an interest-bearing account because if he doesn't give it back to you with interest within 30 days of your move-out date, you are going to file a claim with the NYS Attorney General's Office. Sounds like he is a shady character who wants to play the "landlord" game and take other people's money, but not live up to his own responsibilities to his tenants and his creditors. Screw him. Tell him you know the rules BY THE BOOK on security deposits and will be fully enforcing your rights with the Attorney General's office if he tries to cut corners or skip out on you completely.
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Old 11-04-2010, 12:09 PM
 
1,917 posts, read 5,331,857 times
Reputation: 829
The landlord sounds like a sleeze ball. I can't fathom this going to court. Just smile and nod, and move out when you are ready to. It will go away.
Everything else you said is prettty silly. You chose to live there, thus ignored all the "Issues" you suddenly have a problem with.
I think many people would stop paying the rent in this circumstance. I also think many people are thieves too.
I rented for a long time prior to buying a house and never had any problems paying the rent.
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Old 11-04-2010, 12:14 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,218,769 times
Reputation: 7338
Quote:
Originally Posted by scottzilla View Post
The landlord sounds like a sleeze ball. I can't fathom this going to court. Just smile and nod, and move out when you are ready to. It will go away.
Everything else you said is prettty silly. You chose to live there, thus ignored all the "Issues" you suddenly have a problem with.
I think many people would stop paying the rent in this circumstance. I also think many people are thieves too.
I rented for a long time prior to buying a house and never had any problems paying the rent.
Quote:
NOW...We get a notice of petion to appear in court for failure to pay rent and attempt to evict.

Does anyone know..
1- Do I have to go to court? Can I reschedule? My sons school has a class trip that day and I would have to keep him home to go to court and seems unfair...
How can you tell her to ignore it?

It appears there is already a court date.

I don't think it's going to "just go away."

It won't just go away UNLESS the landlord decides to cancel the court appearance.

If the tenant doesn't show at the court date or at least get a postponement before the court date, the tenant will LOSE in a default judgment.

While default judgments CAN be overturned, it takes some time, effort and money to pay an attorney.

She needs to address this, not hide her head in the sand.
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Old 11-04-2010, 12:37 PM
 
929 posts, read 2,063,057 times
Reputation: 566
Moderator cut: quotes post removed

How is using the security as the last month's rent a low move? The homeowner has defaulted on the mortgage and isn't even paying the taxes on the home. The chances of the renter getting back their security is a big fat zero. Yet, you think the renter should just bend over and take that one. The reason why there are so many horror stories with landlords is because so many leeching slumlords take advantage of renters, because they know the renter doesn't have the financial resources to litigate disputes.

The homeowner willingly ripped off their community and neighbors by engaging in an illegal activity and putting a stress on the community to provide services while the landlord profited. It is not the responsibility of the renter to certify the apartment's legality, but that of the landlord. Thus, if the landlord is willing to break the law, then they should suffer the consequences.

To the OP, you have a right to every dime of your rent that you have paid. The apartment is illegal and he had no right to demand the rent. You should also report him to the IRS, because I'm sure they have some questions to ask about an income stream that was never reported. I would also contact the town so they can reasonably assess the property and hit him with back taxes. Honestly, I would defend yourself in court. Then, after the property has been sold and the homeowner has declared bankruptcy (because, a lot of the banks are making underwater homeowners sign promisory notes that force them to declare bankruptcy) I would hit him with a lawsuit over all of the rent the landlord charged. You might win, you might lose, but I would cause him so much grief that he/she never thinks about putting another family in such a situation.

In my opinion, illegal slumlords are the worst kind of person. They profit off the expense of their neighbors and their community. They are a blight on Long Island and should be prosecuted to the full extent of the law. BTW, I've been a landlord and a renter, but I've never stooped so low as to rip off my neighbors by renting an apartment without paying my fair share of the taxes due and making sure the property I rented complied with all fire/safety codes.

Last edited by Keeper; 11-04-2010 at 02:28 PM..
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Old 11-04-2010, 01:06 PM
 
8,679 posts, read 15,236,968 times
Reputation: 15342
This is where I say, "Lie down with dogs, get up with fleas."

However, I do want to address this:

Quote:
Originally Posted by tomonlineli View Post
How is using the security as the last month's rent a low move?
It's low because most leases expressly and explicitly prohibit tenants from doing that. As you signed the lease willingly, going back on your end of it makes you a cheat.

It also makes you dumb, because it does you, the tenant, more harm than good. First, it generates ill will. Security is held against tenant-created damages. Most landlords I've known understand that there's a certain amount of wear and tear on an apartment and will not take money out of your security for a spot on the carpet or some chipped paint on the windowsill.

Skip out on your last month's rent, and most landlords will go through the apartment with a fine-toothed comb looking for damage and then come after you for the money. That stain on the carpet then becomes a need for full wall-to-wall. Any loose or missing knobs on a cabinet become a need to replace the cabinet. So maybe you've saved yourself the paper and postage of sending a check for your last month's rent, but now you will have court fees and will have to pay for damages.

You've also lost the interest on your security. Right now my landlord, who happens to be one of the few with a stellar reputation on Long Island, is holding two months of rent as my security. I've been here for two years, love it, and don't see myself moving any time soon. However, with my rent, that's a nice piece of change, so if and when I do move, I want it back, with the interest.

Second, tick off a landlord like that and they will report you to your credit bureaus and blackball you on future rental applications when you need a reference.

All because you were too cheap, spiteful, and lazy to write a check for your last month's rent. Dumb, dumb, dumb move.
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Old 11-04-2010, 01:07 PM
 
Location: Huntington
1,214 posts, read 3,633,189 times
Reputation: 873
Quote:
Originally Posted by tomonlineli View Post
How is using the security as the last month's rent a low move?
The security deposit is legally supposed to be used for repairing damage tenant(s) cause during a tenancy, and only for that. It is not supposed to be used for rent at all. If a landlord stupidly or ignorantly agrees to use it toward rent, it's gone and cannot be used toward repairs. If the LL finds damage after the security deposit is used as rent, the LL has to pay for all the damage out of pocket, whether it's $2 worth of damage or $2000.

Keep in mind, not all LL's are scumbags - there are actually a few good ones out there and they are the people who have to deal with getting ripped off having to pay for all kinds of damage caused by bad tenants.

One other thing to consider: If all of those illegal apartments out there were banished, there wouldn't be enough housing for people who can't afford to buy houses. There would be a huge housing shortage since there aren't anywhere near the amount of legal apartments around for the renting population.

The LL of the OP sounds like he's in financial trouble and probably isn't making enough in rent to be able to keep his property nor to fix any of the problems with the property. The rent probably should have been higher to start with - it's a problem for LL's in this economy. All goes back to RE taxes that are astronomically high, expenses to carry the building, etc. With the bank foreclosing, that will be 2 less apartments off the rental market.
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Old 11-04-2010, 01:14 PM
 
1,917 posts, read 5,331,857 times
Reputation: 829
I guess if he does more damage than the value of the security deposit, he's ok.
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Old 11-04-2010, 01:21 PM
 
8,679 posts, read 15,236,968 times
Reputation: 15342
Quote:
Originally Posted by AndreaII View Post
Keep in mind, not all LL's are scumbags - there are actually a few good ones out there and they are the people who have to deal with getting ripped off having to pay for all kinds of damage caused by bad tenants.
The good tenants end up getting the short end of that, too. My sister is moving back up here later this month (gawd knows why...) and I've been going around looking at apartments for her.

What landlords in complexes are requiring now is ridiculous. Two months of rent, a $500 holding fee, and, if you don't have a letter of employment, they either want a co-signer on the lease until you can provide proof of employment or they want proof that you have the equivalent of three YEARS of rent in cash in your bank account.

My sister happens to be selling a place in Florida, but even with her profit, it's going to be hit or miss depending on what the rent is. Given that the places in her price range don't have washer/dryers in the units or central air, I'm astounded. But when I ask why there are such exorbitant demands for applying, I hear: "Deadbeat tenants."

Yes, the economy still sucks, but when people pull the ol' security shenanigans, that just adds to the mountain of b.s. the honest people have to surmount.
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Old 11-04-2010, 02:01 PM
 
40 posts, read 51,954 times
Reputation: 32
Quote:
Originally Posted by tomonlineli View Post
Moderator cut: quoted post deleted How is using the security as the last month's rent a low move? The homeowner has defaulted on the mortgage and isn't even paying the taxes on the home. The chances of the renter getting back their security is a big fat zero. Yet, you think the renter should just bend over and take that one. The reason why there are so many horror stories with landlords is because so many leeching slumlords take advantage of renters, because they know the renter doesn't have the financial resources to litigate disputes.

Its doesnt matter if the LL isnt paying the mortgage or whatever the case is. The tenant is STILL OCCUPYING THE SPACE. The OP admitted that they chose not to pay...its a lowlife move...Your security deposit is for coverage in the event there is damage when you leave. The OP signed a lease initially therefore they agreed to it. They then stated that they basically took it upon themselves to live off the security deposit...You ever heard two wrongs dont make a right...Dont go around praising the tenant and making the LL out to look like a devil. It doesnt take a real estate expert to realize the apartment was illegal. Therefore the TENANT is just as responsible for the "community" and losing tax money as the LL is. You call this LL a slumlord but again, the tenant was fine with this for all this time. Its only now that its an issue....I stand behind my statements.

Last edited by Keeper; 11-04-2010 at 02:29 PM..
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Old 11-04-2010, 02:23 PM
 
15 posts, read 27,645 times
Reputation: 10
To clear a few things up..

We didnt say we CHOOSe not to pay the rent. We called him to pay it as always and he did not answer , or call us back. We knew he was starting to play games with us, so we choose not to keep calling and calling. He comes to this property DAILY..He never knocked on the door etc like he always does. I'm not hunting him down to pay the rent.

The reason I want him to use security is only because it cost us $6K to get into a new apt...I know this apt is in perfect condition, and we would get it back and it seems like a win win. Its NOT because I cannot pay the rent.

The mortages per the Chase Rep is $2400K a month, he recieves in the two apts $3300 a month. Whether he pays taxes seperatly I do not know ( not like he pays them anyway) ...HE had "enough" money to come weekly to upgrade his vintage corvette thats in the detached garage and brag to us about expanding the bulk head on the house he currently lives in.

He also owns a house acrosos the st from us with two tenants, their stove broke, in their lease it says he will rpelace and its been 3 weeks and he hasnt and they have 2 children.

He also sent us a certified letter today with the court papers and he wrote on the envelope he sent a copy to all 3 credit bureaus....Thats just great.

We did NOTHING to deserve this. We took care of his property better then he ever did ....When things broke, we replaced them etc...He gave us notice to leave with 3 small children under the age of 3...and we were upset but are leaving well within the frame asked of us.

He never called and asked or talked to us and said, Hey where is my Oct rent , before reporting this to our credit?? Thats not cool.

I will not be the villian here.

He is a bully, and does whatever he pleases.

Not sure how anyone can defend someone who is acting illegally and LYING about it.

I do not know how he planned to prove to us ( or any seller, as he stated that he sold the house and the new owners want to mvoe in dec 15th and he sold it based on " pictures...lol) but I'm just glad he didnt sucker us in any further.

The things I found wrong with the house were like I said, simple fixes, we were ok with dealing with it as stuff like this happens when your renting. BUT it goes to show his character and the reason I mentioned it at all.
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