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Wow! Really Mathjak? This is news to me. I mean, does the lease have to specifically say you can not change the light fixtures or can it be a general clause saying no apartment modifications/alterations without written permission from the landlord. etc.?
In addition, I assume you would have to know the model of the fixture you installed in the apartment and receipt for it as well no? Is there a statue of limitation on enforcing the rule?
Victorfox, I totally agree with you on this one. There is absolutly no LL/tenant judge who would evict a tenant under these circumstances. Short of a Code violation based on a visit by the LL for code compliance there would be nothing that a landlord could do except extract money from the security deposit at the end of the tenant's term or upon his death which ever comes first. At the very worst the judge could order "to make whole" the LL's apartment and stay the warrant, giving the tenant time to pick up an off the shelf delta faucet at HD.
The other issue is that housing judges have wide discretion to impose verdicts. Much time is spent shopping for the right judge in Part 52 Manhattan.
Happy 4th victorfox!
Victorfox, I totally agree with you on this one. There is absolutly no LL/tenant judge who would evict a tenant under these circumstances. Short of a Code violation based on a visit by the LL for code compliance there would be nothing that a landlord could do except extract money from the security deposit at the end of the tenant's term or upon his death which ever comes first.
Happy 4th victorfox!
Well I hope I´m wrong on this one and I hope Mathjak is right. Maybe Mathjak knows something I don´t know. Mathjak, care to explain further as to the details? PM me if you wish not to expose the tricks of the trade on an open forum for everyone to read.
It´s a good questions I should ask our company attorney. Hope it´s true though.
Wow! Really Mathjak? This is news to me. I mean, does the lease have to specifically say you can not change the light fixtures or can it be a general clause saying no apartment modifications/alterations without written permission from the landlord. etc.?
In addition, I assume you would have to know the model of the fixture you installed in the apartment and receipt for it as well no? Is there a statue of limitation on enforcing the rule?
it falls under the standard modification clause thats in every standard lease...
for anyone who doubts it lets hope you dont get caught up in it to find out..you maybe very surprised at what the law is vs what you think it should be...
only thing ill add is the mgmt office of where my ex-wife was renting are still scratching their heads in dis-belief that she so easily slipped right out of their lease using "surrender tactics" which they never knew exisited.
just because something seems silly, and you never heard of something dosnt mean thats not the law .
anyone of us can go to court with a breech of contract and ask for the law to be upheld,especially if it clearly breaks the terms.
its no different if they were operating a business from the apartment ,selling drugs or had 20 people move in...the changing of anything in that apartment is a modification and is a breech no mater how slight...
you would be surprised at some of the stuff i learned about loopholes and techniques in our housing laws that would baffle all of us as to how such things exist in our laws and thats true on both sides.
only thing ill add is the mgmt office of where my ex-wife was renting are still scratching their heads in dis-belief that she so easily slipped right out of their lease using "surrender tactics" which they never knew exisited.
just because something seems silly, and you never heard of something dosnt mean thats not the law .
anyone of us can go to court with a breech of contract and ask for the law to be upheld,especially if it clearly breaks the terms.
its no different if they were operating a business from the apartment ,selling drugs or had 20 people move in...the changing of anything in that apartment is a modification and is a breech no mater how slight...
you would be surprised at some of the stuff i learned about loopholes and techniques in our housing laws that would baffle all of us as to how such things exist in our laws and thats true on both sides.
Is there a statue of limitation or a window period as to when the landlord can enforce the ¨no modification¨clasue without giving up his rights? In other words, can you suddenly enforce such a law 10 or 20 years later and it sticking in housing court?
only thing ill add is the mgmt office of where my ex-wife was renting are still scratching their heads in dis-belief that she so easily slipped right out of their lease using "surrender tactics" which they never knew exisited.
just because something seems silly, and you never heard of something dosnt mean thats not the law .
anyone of us can go to court with a breech of contract and ask for the law to be upheld,especially if it clearly breaks the terms.
its no different if they were operating a business from the apartment ,selling drugs or had 20 people move in...the changing of anything in that apartment is a modification and is a breech no mater how slight...
you would be surprised at some of the stuff i learned about loopholes and techniques in our housing laws that would baffle all of us as to how such things exist in our laws and thats true on both sides.
I would be surprised.
the repair clause in the Blumberg apartment Lease, the REBNY is similar,
8. Repairs Tenant must take good care of the Apartment and all equipment and fixtures in it. Landlord will repair the plumbing, heating and electrical systems, tenant must, at tenant's cost, make all repairs and replacements whenever the need results from tenant's act or neglect, If Tenant fails to make a needed repair or replacement, Landlord may do it. Landlord's reasonable expense will be added rent.
Let's say I had a drunken orgy and tried to swing from the rusted 1980's HD chandelier (naked of course) and pulled the thing off the ceiling.
As a person of high moral standards I would feel obligated to replace and repair and as the legal Tenant I would be fulfilling my contractual duty as stated above to make all repairs and replacements whenever the need results from tenant's act or neglect.
Explain to me how the landlord could evict me?
Even if I stayed inebriated and failed to preform my legal duties the Landlord would only have the right to repair and charge me for it in extra rent, but not evict me!
As long as tenant maintains that all light fixtures were replaced due to tenant's clumsiness then he is home free. Do I smell a loop hole? NO, it's victorfox decaying before the first call!
Last edited by modsquad81; 07-06-2010 at 10:11 PM..
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