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I don't think there is any reason to get that worked up about anything @jcoltrane.
It is a discussion.
Nevermind that guy, he gets all worked up just about everything.
As for your sitaution, there seems to be nothing to worry about. If the guy is, in fact, renting ilegal units
he would be a complete idiot in taking you to court.
In addition to what Cresent22 said, I would tell him that if he doesn't stop calling you (either to your cell or workplace) you will notify the police for harrasment.
1. Tell him he doesn't know what he is talking about, that "ADA"s do not get involved in Housing Court matters.
2. Tell him it will cost him a lot more than it's worth even if he gets it right to try to get 30-days worth of rent and notice from you and that you know this is an idle threat.
3. Tell him you will report him to the Dept. of Buildings for possible illegal apartments if he pursues anything against you.
Conclude by saying it's better for all if the matter is ended and dropped.
I'll agree with this. Converted garage, basement apartment? Sounds like he is definitely dabbling in illegal renting, so I highly doubt he will be taking you to court. And in any case, I'm not a legal expert, but I think you can leave if you feel uncomfortable. Of course you'd have to prove that in court, and it's hard to show that someone made you feel threatened to the point where you had to move. I would keep his crazy text messages/emails for a little while in case you have to call the cops on him if he keeps harassing you. If there is written communication between you two where you actually say, I left because you kept coming into my private room and I was afraid, I'd definitely hold on to that too.
Honestly, this guy sounds like a psycho. I think that he is illegally renting, and he's just trying to intimidate you because you are a woman and new to the city. One detail that's interesting is that you had no lease. Any legitimate landlord in their right mind would have a lease that spells out the terms of the rental/leaving.
I wouldn't worry about it much. Tell him you are serious about reporting him to the police if he keeps harrassing you. Worst comes to worst, he'll serve you with papers, but I highly doubt that will happen.
I'm not in NYC yet, but I have been a landlord before (in California.) From that experience I'll say that if there isn't a signed contract of SOME FORM I would never expect to actually win anything in court against a tenant that couldn't be won regardless of our tenant/LL relationship (for instance, if they set fire to the bedroom - I'm pretty sure I could get a judgement on that just as I could have had it been an ex-girlfriend who did it. No need to put something like that into writing.) Even when I rented rooms out month-to-month I expressly stated in writing that a 30-day notice was required or they were liable for $x fee (an amount that happened to equal their security deposit.) I also expressly stated that with reasonable notice I could enter their room for periodic inspection (which I never had to.) Without something like that you've got a case, or at least a good defense, against him for having entered your private room.
From what you said these people at very least are idiots, unfamiliar with the court system, and extremely naive or shady about their land lord practices. Others' advice to nip it in the bud by convincing them they don't have a leg to stand on in any court ("especially the ADA!") is best. I just don't see what he'd even have a chance at in court, even small claims. That said, if he can't be convinced to just drop it - I'd apply for a restraining order asap. I think you have enough to go on for that and it's likely to happen quicker than he could get anything through the courts for whatever his beef is. Being the first one to take legal action seems to help out even though it shouldn't be a factor at all - so if it's going to come down to it, be the first one to take action if you can. Especially if the guy's as crazy as he sounds, might as well.
Since you've already figured out that it's at least customary and in most cases legally required to give 30 day notice, my only other advice for the future is... Document *everything* when renting, and make sure you upload pictures to email or something beyond your control that will timestamp them. Landlords inherently have way too much power and can at least try to ********* over with absolutely no risk, it's up to you to defend it unexpectedly or at least have some way to convince them they'd lose if you argued it.
The botttom line is: No Landlord is entitled to ANY rent on an illegal apartment or room.
That will be the single pivot point in any legal action. Thus leases, notice, and all the attributes that go along with a LEGAL tenancy do not apply at all to ILLEGAL rentals.
If anything, he owes you ALL your back rent payments.
If he persists get a restraining order against him for harassment but short of that a simple statement to him that if he contacts you even once more, you will report his building to the DOB and that will likely cost him upwards of $5000 in fines. That SHOULD get him off your back unless he is really deranged.
What is a landlord's responsibilty in terms of maintanace around the house???
I live in a 3 family house, with the landlord's son living on one of the floors.
There used to be bins outside to throw out the regular trash, paper and plastic recycling and I would throw out the trash there not to let it linger in the house. The landlord's son would not take out the trashbins for weeks and the garbage would pile up outside spilling out of the garbage bins. Recently, the landlord's son took AWAY all the bins!!! I am still putting my garbage on the ground in the area where the bins were as it is not my responsibility to take out the trash during pick up days, my rent does not have a reduction for me to do custodial maintenance around the property nor is it stipulated in my lease. My questions... is this against the law? (NYC) What are my options?
You do not live in an apartment building with staff and services. If that is what you want then move to such a building.
You live in a HOUSE! Certain things come with that. Like no services and no staff. Shoveling snow, maybe cutting grass etc. These are issues you should have worked out with the LL. Guess what? You still can. Talk with the LL and negotiate a MODEST compensation, then take the garbage out!!
Btw, why do you think it is the LL's son's responsibility? Is it in the lease???
In any event, talk to the LL, explain about the garbage piling up. I suspect that "they" expect the tenants to deal with their own garbage, which isn't necessarily unreasonable. It also explains why the son removed the bins. If everyone is supposed to deal with their own garbage, perhaps the son put the bins for his own use. Not yours, not for the building. Perhaps the son is pissed you keep using his bins!!!
The real issue is likely YOUR perception of living in a 3 family house. Again, it is NOT an apartment building with Super and services.
If you can't deal with the way things are, and refuse to handle the garbage, and the LL is not agreeable, then MOVE!
You do not live in an apartment building with staff and services. If that is what you want then move to such a building.
You live in a HOUSE! Certain things come with that. Like no services and no staff. Shoveling snow, maybe cutting grass etc. These are issues you should have worked out with the LL. Guess what? You still can. Talk with the LL and negotiate a MODEST compensation, then take the garbage out!!
Btw, why do you think it is the LL's son's responsibility? Is it in the lease???
In any event, talk to the LL, explain about the garbage piling up. I suspect that "they" expect the tenants to deal with their own garbage, which isn't necessarily unreasonable. It also explains why the son removed the bins. If everyone is supposed to deal with their own garbage, perhaps the son put the bins for his own use. Not yours, not for the building. Perhaps the son is pissed you keep using his bins!!!
The real issue is likely YOUR perception of living in a 3 family house. Again, it is NOT an apartment building with Super and services.
If you can't deal with the way things are, and refuse to handle the garbage, and the LL is not agreeable, then MOVE!
Moving is your option.
Purchasing your own property is an option!!!
He lives in a house cut up into 3 apartments, not a private house by himself that he is renting.
If he was renting the WHOLE house, then taking trash and recycling to the curb on garbage days would be his responsibility.
In this case, it is the landlord's responsibility to have someone do it.
Have you honestly ever heard of ANY rental situation that stipulates that TENANTS are supposed to supply their own garbage cans and recycling bins?
It doesn't happen. Even in the rental of a single-family home. The landlord supplies these, same as the landlord would supply a refrigerator and stove.
What is a landlord's responsibilty in terms of maintanace around the house???
I live in a 3 family house, with the landlord's son living on one of the floors.
There used to be bins outside to throw out the regular trash, paper and plastic recycling and I would throw out the trash there not to let it linger in the house. The landlord's son would not take out the trashbins for weeks and the garbage would pile up outside spilling out of the garbage bins. Recently, the landlord's son took AWAY all the bins!!! I am still putting my garbage on the ground in the area where the bins were as it is not my responsibility to take out the trash during pick up days, my rent does not have a reduction for me to do custodial maintenance around the property nor is it stipulated in my lease. My questions... is this against the law? (NYC) What are my options?
You should report your landlord to the NYC Dept. of Health for the garbage conditions on the rental property and the lack of proper garbage cans and recycling bins for the tenants. Call 311. It is the landlord's responsibility for a building or house with multiple apartments in it to have someone take garbage cans and recycling bins to the curb on the appropriate days.
I lived in a 2 family in Queens and we took out our own trash. I don't think we had a recycling bin. We just bought clear plastic bags and used those for recycling. I don't think it is that unusual.
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