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At this moment I'm a week away of moving out of my ****hole cellar-apartment because my landlady served me a crappy eviction letter saying I have to move out by the 8th of July.
So what happened?
On the 26th of May my landlady profusely texted my SO that she needed to come in to my cellar-apartment, because of an electrical repairs. My SO said that she wasn't there and that she can come in when she is out of work. The landlady said, "I'm going in.".
So I'm inside of the cellar-apartment and I hear a noise through my headphones. I'm listening to tunes and out of nowhere I see a tall dude inside my apartment. He didn't come through the main door. I have never seen this dude. I don't know who he is. He is near my bed. I told him, "what the **** are you doing inside my apartment." He doesn't answer. I said, "get the **** out if my apartment." He replied, and I have it in recording, " get out of my way or I beat you up."
Moments later the landlady enters the apartment and say, "what's going on?" I'm telling her I don't know who this guy is. Get the **** out of my apartment.
They continue screaming at me and telling me they're calling the cops for them traspassing??? idk what the hell was going on but they actually called the cops.
The lady started saying that I hurt her physically.
They left the apartment.
The police came, we told them everything. They did nothing. Even with the threats on video. They only said if it happens again you (the landlady) going to jail. They never mentioned any type of physical threats from my part. They let it slide. (It's not true. I have it on tape.)
A couple of days to by. Everything is quite. Nothing out of the ordinary. She is not talking to us. But, we live in a cellar-apartment so I have poor ventilation. She lights up incenses near the door and everything starts smelling awful. We already told her to stop putting incenses near the door. She doesn't comply. We then call an inspector but she only let him in the top half of the house.
Later that day she texted us, " so you called an inspector, this is escalating quickly, I need you to leave tomorrow" We didn't know our rights then so we only said that was against the law. Up until this moment we haven't been late or anything. We paid everything on time.
Anyways, days passed and she kept going stuff to annoy us like banging on the floor. Blocking the entrance with trash cans. Leaving a miniscule spot to walk when we get out of the house ( she has two cars). Saying she will go down to our apartment and turn off our tv. We have everything on tape but that's not the point.
So why I'm telling you this?
I'm planning of doing something but I need guidance.
* We know this is an illegal apartment at the moment. We didn't know before but now we do.
We know the steep fines she will get if we report everything that's happening.
-False Certificate of Occupancy
-Unregistered Boiler
-Kitchen in Cellar
-Full bathroom in Cellar
-Poor ventilation
(The other day the CO2 Alarm went off)
But she says on tape that if we report her, she will go to housing court and 'hurt us'.
We know now that we educated ourselves we can go to civil court and ask to block any housing court cases that she starts.
I want to do this because she is a mean awful person. She thinks she knows.
We have to leave (and will leave) on July 7th on good faith or she will make it worse supposedly. We know the law states that the notice is valid for the next month not the month you are in so we know she is breaking the law. We know we lived in unhabitable conditions. We know she retaliated against us for calling the inspector. We know she is harrasing us to leave because she doesn't like us.
My plan is to go to civil court, open a case of landlord retaliation and harrasment and hopefully block her intention of going to housing court. Which is absurd because the apartment is illegal. But I don't want that on my report.
I want her to pay for my moving expenses, damages and harrasment. I want her to pay the steep fines (Upwards of $18k) of not providing a safe space for tenants. We didn't know anything about housing regulations and occupancy and all that. We have the mortgage and housing deed stating this is a cellar.
I would like to know anyone's input on this and how can I make it better for my self. We have all the evidence: texts, video, the eviction letter with her signature. We have everything, we just need guidance.
The best I can offer is to go to housing court yourself, and file a complaint. Be prepared to spend $600-$1200 for an attorney.
If you can get up and leave, just do it. Looks like you both don't want to be there,right?
All this talk of extra $$$ ain't gonna happen,and will just add to your stress level,and is personal as paying the B back.anyone can see that.
Your SO told LL she can come in,no?if so did, that is consent.
Don't think housing court will do anything,unless it's an issue with un habitable conditions.
In small claims court,there needs to be actual damages. Emotional distress ,I don't think ,are payable. So,where is the actual damages.
All said and done, she cant evict without first officially serving you eviction papers,then Housing court would have to order Marshall Service. So,6 to 8 months is what you have.
So, you are looking for a payout vs finding a better place to live with less stress? Ok.
This is why landlords are picky with who they rent to. You aren't helping the future renters. Just leave.
I hate this with all my heart too. I'm going first thing in two days but I can't freaking handle these pieces of scum. I want to sue them hard. Anyways, I'm just going to report them to 311 and duck them for their illegal cellar and illegal boiler and get it over with. Thing is, the woman in question is a public figure and someone who people trust.
Have you checked Department of Buildings or Department of Finance to see if the house is legally an 2,3,4 family?
Does the number of apartments add-up?
I ask because you can have a basement apartment (50% above grade) but not a cellar apartment (50% below grade).
If it is indeed an illegal apartment, DOB will force you out anyway. It is probably best to move, just on that fact but really you don't want to be in the same space as an irate landlord. A lawyer would best be able to guide you whether you have to pay rent, but my understanding is that illegal apartments cannot have rent collected on them.
Have you checked Department of Buildings or Department of Finance to see if the house is legally an 2,3,4 family?
Does the number of apartments add-up?
I ask because you can have a basement apartment (50% above grade) but not a cellar apartment (50% below grade).
If it is indeed an illegal apartment, DOB will force you out anyway. It is probably best to move, just on that fact but really you don't want to be in the same space as an irate landlord. A lawyer would best be able to guide you whether you have to pay rent, but my understanding is that illegal apartments cannot have rent collected on them.
To be clear, I'm not looking for free rent. I'm moving in a few days, I'm looking to bury a person that literally pray of unsuspecting people.
We have everything. The deed. The mortgage. In NYC cellars are illegal to live in. There's no condition. The CoA says one family dwelling unit. It says cellar accessory use, first, one dwelling unit and second, one family dwelling unit with parking space (it's a two story house). It says building code habitable rooms "0" in cellar. The landlord has a mortgage and it says so on it too.
Anywho, she has harrased her way to making us move. We are looking for monetary compensation and proper fines to bury this person.
She literally evicted us for calling an inspector. She didn't even let him in to our "basement". Her eviction was retaliation and we have it in writing. But that's not the point. She has harrased us so much. Blocking the entrance. Stomping. Texting us that we have to go. Many, many things. It's exhausting. She deserves the full force of the law and I'm not going to back down. I want lanlords to know if you're in the wrong, we are coming after you. It doesn't matter if it gets on our record. You are going down for illegal conduct that disturb the peace of everyone.
All in all, is up too $20k in fines and I'm going to make sure she gets fined for everything. Even the last 8 years of evading our taxes.
I'm building a website where people can empower themselves from illegal cellars, illegal units etc and make these slumlords literally disappear.
Ok so this lady sounds like a mean old bat, but your rant just kind of sounds like a spoilt brat spouting “IT’S NOT FAIR”. Your SO gave the landlady permission to enter, she entered (just not at the time that was expected - rude but not illegal), you freaked out on them, and the situation escalated. I’m sure you’re not innocent here either.
So:
- They retaliated by calling the cops.
- You retaliated by calling the inspector.
- They retaliated by evicting you.
So of course, you want to one-up them again cause you seem like the type of person that has to get the last word and “win”. So you do what a stereotypical money hungry American does and cries “I’M GOING TO SUE YOU “ (and of course throw harassment / emotional distress in there too... Wahhhhh)
My point is, cut your losses and get the hell out of there on the date you’re supposed to leave. All this over a cellar apartment??? Why are you living there if it’s such a bad place to live and the landlady sucks? It’s NYC there are other apartments you can rent... but you stayed and now want to waste time with a “I’m gonna get you cause you pissed me off” lawsuit.
Ok so this lady sounds like a mean old bat, but your rant just kind of sounds like a spoilt brat spouting “IT’S NOT FAIR”. Your SO gave the landlady permission to enter, she entered (just not at the time that was expected - rude but not illegal), you freaked out on them, and the situation escalated. I’m sure you’re not innocent here either.
So:
- They retaliated by calling the cops.
- You retaliated by calling the inspector.
- They retaliated by evicting you.
So of course, you want to one-up them again cause you seem like the type of person that has to get the last word and “win”. So you do what a stereotypical money hungry American does and cries “I’M GOING TO SUE YOU “ (and of course throw harassment / emotional distress in there too... Wahhhhh)
My point is, cut your losses and get the hell out of there on the date you’re supposed to leave. All this over a cellar apartment??? Why are you living there if it’s such a bad place to live and the landlady sucks? It’s NYC there are other apartments you can rent... but you stayed and now want to waste time with a “I’m gonna get you cause you pissed me off” lawsuit.
So the landlord needed to fix an electrical issue. U were clearly home. Instead of allowing her access to fix this issue for your safety and the safety of the building (electrical fires anyone?) you sit at home and be difficult because listening to music uninterrupted is much more important.
U then throw a fit like a toddler. 8 years, u and your significant other have not been able to save enough to rent a better apartment or buy a house.
Use that same energy to improve your financial situation and buy a property so that u can listen to your music in peace and ignore your electrical issues until it is convenient for you.
Bear in mind that when u call the DOB they may deem your basement apartment not fit to be inhabited and issue immediate vacate order. Ensure u already have a place lined up ready to go before u open that can of worm.
As per the housing maintenance code Title 27, chapter 2:
The landlord is not required to give you advance notice to conduct electrical repair for service interruption of less than 2 hrs.
e.
1. The owner of a multiple dwelling shall provide lawful occupants of such multiple
dwelling with notice prior to making repairs, or performing other work, that will cause an
interruption of any heat, hot water, cold water, gas or electricity service expected to last
for two or more hours. The department shall by rule prescribe the form, timing and
placement of the notice, provided that the notice shall be publicly posted in a prominent
place within the multiple dwelling at least twenty-four hours before the interruption of
such service is expected to commence and shall remain posted until such interruption
ends. Where the owner expects that an interruption of any heat, hot water, cold water, gas
or electricity service will last for less than two hours or where such interruption is due to
emergency repairs or work, as defined by department rule, advance notice need not be
posted, provided that where such interruption lasts for two or more hours, notice shall be
posted as soon as practicable after the commencement of such interruption. Such notice
shall identify the service to be interrupted, the type of work to be performed, the expected
start and end dates of the service interruption. The notice shall be updated as needed.
Such notice shall be posted in English, Spanish and such other languages as
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“ (and of course throw harassment / emotional distress in there too... Wahhhhh)
