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This is a long one... Please give advice or point me towards legal jargon (i can understand it)
Currently my fiancee and I are renting a room in a duplex in Brooklyn. I live with the people i am renting from.
They rent from their landlord that owns the building (i don't know if they have actually told the landlord they are renting to us)
I have a 2 months lease that started July 1st and ends August 31st.
I am currently in another state on vacation until August 7th, we left on the 27th of July.
They want to evict us because we are messy according to them.
They have served no notices to cure, and they tried to serve a notice of eviction over email yesterday. (I think they mean a notice of termination) That states they wants us out by the first of August.
So far this is all pretty simple and they would file with the court and we would end up moving before the first court date anyway.
Here is the tricky party.
The day after we left, they searched out room with the super of the building and found something illegal. I'll just say it is a felony although they may not be able to prove it is ours and they are not the ones that would press charges.
My question is this, I know police cannot search without a warrant but what happens if your landlord enters your apartment to search without notice for a non emergency reason. Finds something and turns it over to the police. They haven't turned it over to the police yet but they are threatening if we do not vacate by the first.
I know there are going to be response of the obvious "I'm stupid for leaving it there etc..."
I know what i should do and put my fiancee under the bus for something that is her fault but I will not do that.
What kind of charges do they face for illegal entering my room if any, and can they actually do anything with anything they find in my room? (they admitted to this in an email to me already so there is proof)
Also what charges can i press/sue them for if they remove my belongings from the premises before i return on august 7th.
Not that is matters but i am currently up to date with my rent and since they want me out by the first they will not accept's august's rent. They do also have a 1 month security deposit.
I'm confused. You say "they" entered your room with the super. Does the "they" refer to your roommates who hold the lease? If so, I would guess that they have EVERY RIGHT TO ENTER since they are the leaseholders on the entire apartment.
I'm also confused by your holier than thou attitude. Your fiancee in a thief who stole something out of the US mail. It sounds like you even knew the stolen goods were in the room because you state in the OP that you are prepared for the response of "I'm stupid for leaving it there..." and presumably the "I" refers to YOU. And you think you should be thinking about your "rights"
I hope they catch her and throw her in jail. Despicable. And you are too, for thinking it's not a big deal.
Thank you for someone at least assisting by providing an actual law, although that isn't the law I am asking about.
Quote:
Originally Posted by Henna
I'm confused. You say "they" entered your room with the super. Does the "they" refer to your roommates who hold the lease? If so, I would guess that they have EVERY RIGHT TO ENTER since they are the leaseholders on the entire apartment.
So you rent from your landlord who OWNS the apartment. They have the right to enter the apartment? No why? Because you are renting rights to it.
My roommates are renting rights the entire apartment however they then rented us rights to a particular part of the apartment meaning it is not theirs. They are our landlords and are required to follow the same laws, meaning if they have a reason they can enter but they must inform you that they will be entering.
Yes my fiancee broke the law. I actually haven't yet as I did not know about it until after I left the state and so long as I do not lie to law enforcement I will not have broken any laws as I did not help in any part or help cover up the crime.
Side note. Class D Felony (Blackmail) is up to 7 years or fines or BOTH. By my count, both sides have committed felonies now... and yes the blackmail is in writing.
So you rent from your landlord who OWNS the apartment. They have the right to enter the apartment? No why? Because you are renting rights to it.
My roommates are renting rights the entire apartment however they then rented us rights to a particular part of the apartment meaning it is not theirs. They are our landlords and are required to follow the same laws, meaning if they have a reason they can enter but they must inform you that they will be entering.
.
You're sure about that? Even though it was an illegal sublet in the first place? (I think you mentioned the landlord did not know about it.)
Seems like you should stop asking anonymous strangers what the law is, and instead find a lawyer.
LL can enter an apartment/room if it's an emergency, therefore are not required to notify you. Based on all the stuff that's in your room, which sounds like a fire hazard, they can claim that they smelled smoke and entered your room and discovered the package.
If it's an illegal sublet, I don't even think you'd have any renter's rights, to be honest.
I said I do not know if the LL knows, of if they are allowed to sublet. The super does know though.
If it is illegal that have a reason to evict but they being the LL not my landlord need to give me notice to vacate stating that it is an illegal sublet. I also WANT to leave before August is over so bring a holdover case against me will make me stay longer as it will force me to stay in NY for the case.
Not all of the stuff i listed is in the room. Some is in the bathroom, the kitchen, and other shared part of the apartment.
If they think i committed a crime and want to search normally they call the police, the police ask to search, if i refuse they get a warrant. This case they entered and searched not only without notifying me. There has got to be something illegal about that otherwise prosecution would just hire someone to illegally enter apartments and search all the time. Why not, a landlord isn't B&E so there are no base criminal charges for entry... No theft or damage... doesn't make sense.
I am not asking random strangers on the internet for advice.
I am asking if anyone can point me in the direction of laws that will help me. I am in contact with NYS courts and have made sure that I can just call the police if they illegally change the locks or i show up and all of my stuff has been throw out when i return the NY.
I obviously can't ask the courts for a public defender until I have been charged with something a crime. In a straight housing case I would just represent myself and I cannot afford an attorney to hire pre trial.
Something tells me I would have more help from 4 chan at this rate.
You are looking at this all wrong. The chances of law enforcement getting involved in any of this is very low, especially since the camera's owner has the camera now. It's the threat of law enforcement that is meaningful, not the follow-through. You need to change your landlord's behavior with your own threats of law enforcement because right now, they've got you all hot and bothered with credible claims.
They want to evict us because we are messy according to them.
Ok, you leave on the 27th.. and on the 28th they go into your room and find the stolen goods. Finally, yesterday they send you an email saying you have to go because you're messy? Not because you're a tenant of bad character?
Quote:
Originally Posted by ALostSoul
The day after we left, they searched out room with the super of the building and found something illegal. I'll just say it is a felony although they may not be able to prove it is ours and they are not the ones that would press charges.
Prove it's yours?? You mean prove that you took it? So you mean your neighbors, your roomates and the landlord vs. you in court?
Quote:
Originally Posted by ALostSoul
They haven't turned it over to the police yet but they are threatening if we do not vacate by the first.
How you could they turn it over to the police when you said it's already in the hands of rightful owner?
You mean your neighbors will call the police saying that you stole their goods? I'll suppose that your story is true, and your neighbor has had the camera for 2 days now. This wouldn't fly with police because they'd say that the first thing that should've happened was a police report. Usually you cant retrieve your stolen goods, then days later call the police about it. Also the fact that an ultimatum was sent through email would probably negate most of that issue. In this case, I'm not sure being that mail theft is a federal thing.
Quote:
Originally Posted by ALostSoul
I know there are going to be response of the obvious "I'm stupid for leaving it there etc..."
I know what i should do and put my fiancee under the bus for something that is her fault but I will not do that.
What kind of charges do they face for illegal entering my room if any, and can they actually do anything with anything they find in my room? (they admitted to this in an email to me already so there is proof)
As far as entry, usually the landman is supposed to give notice (at least 24 hrs) and have a reason (i.e. damage inspection, suspicion of abandonment, violation of lease).
But guess what? You're not the leaseholder! The leaseholders willingly let the landlord in to search, he's free to roam anywhere he wants in that apartment. You have no private space there. You don't even know if the renters had the right to lease you the room. If not, the landlord can just tell you to get the **** out! From what you said you have no agreement with the landlord.. and if you don't have a valid one with your roomates, you're a trespasser and he can throw your isht out the window if he wants!
Man this story is either bogus, or you're leaving out a lot of it. Either way, I had good time picking it apart like Matlock.
If this post wasn't for lulz, your best bet is to count your blessings and go back and get your stuff, thank everyone, and leave... 'cus right now things ain't looking too halal for you.
My fiancee broke the law but two wrongs don't make a right.
The owner of the camera has it so frankly no harm has been done. No other mail has ever been stolen and no damaged caused so on a moral ground it isn't a big deal. It would be like stealing a car, taking it for a drive and returning it at the same level of gas, and doing a checkup on it.
If I could just take the stuff out and move it by the tomorrow I would, however I am 3000 miles away and it isn't exactly packed where I could have movers just pick it up under a friends supervision (forgetting about the cost of the movers or the location to move it to)
It's not that I want 30 days notice, I pretty much will need it to move out since I can't afford to move multiple times, to multiple locations.
Really what I am asking is I know if police seize evidence without a warrant it can be thrown out, what happens if your landlord does their job for them without permission asked for or given to enter. Also what repercussions does the landlord face for this?
Thank you
Well, that analogy would work if you had stolen just to use it for a bit and with the full intention of a speedy return of the thing. Regardless of whether or not you had every intention of immediately returning the item, the landlord caught you before you returned the object.
Landlord does not face repercussions really, and it's really his word and the word of your neighbors (who would probably not be too happy with you). You're also not the actual leaseholder, right? In that case, your situation is even more tenuous. Did the actual leaseholders give permission to the landlord to go in? If so, you definitely do not have any case.
I wouldn't try to even blackmail them or any such thing. Try to keep a cool and conciliatory tone on this. You have a lot more to lose than they do right now (your fiancee, especially) if it really comes down to it. Basically, your fiancee got your vacation cancelled, and that's that. It's alright, you'll get other ones.
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