Question about 80-20 carpeting rule (2014, leases, eviction)
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yea its never enforced, I lived in a coop on top floor, had a rug on maybe 10% of the apt. As long as you're not stomping around and no one complains its fine. If they do complain well THEN You can put rugs.
Now i live on 1st floor and have no carpet at all, i find them a pain to clean.
I have a friend who lives in an apartment that requires carpeting but he doesn't have them. His downstairs neighbor has been complaining for years and nothing happened.
When I bought my co-op, I had to put down a move-in deposit. They would not release the deposit back to me until they saw that I had rugs down on the majority of the floors. It's an older building and the rugs do a lot to dampen the floor noise. Now that I'm in there and have my deposit back, I'm thinking of changing the carpets and getting smaller one. This is mostly due to the fact that I bought them quickly and am not all that happy with them. Plus, instead of a 9x12 for the bedroom, I want to get much smaller carpets that just cover the areas where I'll walk. I wish I had done it to begin with but whatevs. Moral of the story, as long as you don't have any deposit tied up and aren't making noise, do what works best for you.
You can simply not surrender the apartment until they return your deposit.
I have a friend who lives in an apartment that requires carpeting but he doesn't have them. His downstairs neighbor has been complaining for years and nothing happened.
The only solution the downstairs neighbor has is to record the disturbances and use a decibel meter. And even then it will be an uphill battle.
Even if you don't put any carpeting on the floor there is pretty much NOTHING the landlord can do about it. For those of you who don't know, NYC housing courts are OVERWHELMINGLY in favor of tenants. There is no law that requires you to have any carpeting. So the reason why most if not all apartments don't enforce these is because there is nothing to enforce.
They would only have a valid case against you is if you make an excessive amount of noise and multiple neighbors are complaining. Even then it'll be pretty difficult to evict you. And if you are making that much noise to begin with no amount of carpeting will help you.
breaching the terms of a lease regardless of laws is a breach ,whether it having pets , smoking or any other breach of contract . leases are contracts and agreements and yes they can be grounds for eviction .
in fact when my son was in law school he had to sit in on housing court cases in one class . judges , spoke about upholding contracts and how sometimes the contracts over rule even what is morally correct . in particular an eviction was brought against a stabilized tenant the landlord wanted out . the tenant replaced a light fixture and couldn't put the same one back that was there . it was an illegal modification in the eyes of the lease and while the judge felt very strongly it was wrong to evict for that the contract was the contract
breaching the terms of a lease regardless of laws is a breach ,whether it having pets , smoking or anyother breach of contract
And how exactly do you think the landlord will evict you for having no carpet? Do you have ANY idea how long it takes to evict a tenant? It takes an average of a few months and even up to a year in which case you probably won't be paying any rent. And the landlord will have very little evidence to support his claim.
Again the only way would be to get tenant's support and even then it will be an upwards battle. Very few landlord want to risk the time and money to evict someone with no carpeting (just lol). In fact most landlords will avoid evictions at all cost unless the tenant was causing way too much problems.
I'm actually in the real estate business so I should know this.
Most people don't realize this but as a tenant you actually have a HUGE leverage over the landlord. Most people don't know this and that is how landlords use this to their advantage to scare tenants into submission.
how ? the same way i have seen people in our own building evicted for pets . there is no law against pets , it is a contractual agreement via the lease . we have seen it done . they got 2 warnings and were evicted .
we have no idea how many people were or were not evicted for breaching the terms of a lease like putting carpeting down but it certainly can be enforced if the landlord chooses to . to say it is not enforceable is wrong . if it is in the four corners of a document and not against the law it is always enforceable , it is only a question of whether the landlord wants to . .
breaching the terms of a lease regardless of laws is a breach ,whether it having pets , smoking or any other breach of contract . leases are contracts and agreements and yes they can be grounds for eviction .
in fact when my son was in law school he had to sit in on housing court cases in one class . judges , spoke about upholding contracts and how sometimes the contracts over rule even what is morally correct . in particular an eviction was brought against a stabilized tenant the landlord wanted out . the tenant replaced a light fixture and couldn't put the same one back that was there . it was an illegal modification in the eyes of the lease and while the judge felt very strongly it was wrong to evict for that the contract was the contract
Your friend doesn't seem like he knows what he was doing otherwise he most likely would've won that case.
Do you have ANY idea how many times the tenants were clearly in the wrong and the landlord still ended up losing the case?
how ? the same way i have seen people in our own building evicted for pets . there is no law against pets , it is a contractual agreement via the lease . we have seen it done . they got 2 warnings and were evicted .
That's because most people are clueless when it comes to NYC housing laws. Usually all it takes is a formal letter from the landlord and that will usually cause the tenant to pack and run.
And also pets can cause a lot of disturbances so if a lot of neighbors were complaining that'll probably do it.
And warning from whom? The landlord? lol. The only valid eviction letter has to come from a court signed by a judge and even then you can contest it. Looks like you fell for the old "landlord scare trap."
the warning was from the landlord warning them to get rid of the pets . i fell for the landlord scare tactic ? not me .... i have nothing questionable that was done ...
but i can tell you this , as a landlord of rental property's which we own , if a tenant does not abide by the terms of my leases i certainly would enforce the issue .
we only had to have one eviction issue since 1987 .
the warning was from the landlord warning them to get rid of the pets
Which carries absolute no weight at all. What people still don't seem to get that in NYC tenant has WAY more leverage over the landlord. The courts will side with the tenant most of the time. Most of the time landlord relies on the fact that most tenants have no idea when it comes to housing laws.
I can tell you countless of cases where the tenant violated the lease and was clearly in the wrong and the court still sided with them.
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