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So we moved into this nice 2br apartment (first floor of a 3 floor house, legal 2 family) back in May with a few issues that needed to be fixed (of course we didn't hear about them until after we signed the lease). Thermostat is broken.. isn't actually wired anywhere(!!), constant leak issues from the upstairs apartment's bathroom, a broken or clogged sump pump, lack of carpet in one room, etc. I understand things take time to get fixed but we've been waiting like 1 month to get the leak situation solved and the LL doesn't even plan on worrying about the thermostat until we need it.
This isn't the problem yet.
The problem is the new set of tenants upstairs that just moved in a month ago. LL and I were under the assumption that it was going to be around 4-5 people living there, it ends up being around 9-10 people living in a 4br 1ba, 2floor part of a house. Fine, whatever.
Right away, they gutted the kitchen and left trash upon trash in the back yard and the LL had to call special pickup to get it picked up. They were supposed to bring the trash to the curb to be picked up and they never did, so it still sits there today.
Our bedroom is right under one of there's, and sometimes they play music. Fine, whatever.. we all listen to music. Not at 12am though with bass blasting. I go up and knock on the door for them to turn it down, one of the people living there says OK and sorry, then they barely turn the music down.
We were supposed to share the driveway and everyone was on the same page.. 1 car per apartment in the driveway, each to the side so you can pull out. The driveway is like a Y, where 1 car can fit at the bottom and 2 can fit in the back. Worked fine for a few days until the tenants started parking 3-4 cars in the driveway and just blocking me in if I parked in the back by parking right at the curb in the driveway, not off to the side or anything.
They totally took over the yard, there are 3 unregistered vehicles on the property.. one on the back lawn and 2 in the driveway, none have plates. There is garbage EVERYWHERE in the back yard. The tenants even put 2 leather couches in the back yard to sit on! Who does that?
I complain to the LL and he says he will deal with it and talk to the tenant. Of course nothing changes. I sent him a message this afternoon saying we still have problems and we need to talk, he responds saying he is away until Monday and will handle then.
The LL is not happy with the tenants either, so I am going to tell him on Monday that either he kicks them out for all of these issues. We are at our wits end and are probably just going to call the town to have them come out and see what the hell is going on.
I was walking my dog in the back yard and I found a small dime bag on the ground in a pile of garbage with some white powder in it. I don't think I should be subjected to this, don't you agree?
What do you guys think I should do? I am not sure of the terms of breaking a lease in NY state but I don't know what else to do. Any advice? We just want to pay rent and have things fixed in a reasonable time and not have to deal with a back yard that looks like a chop shop with engines laying around, car seats, etc. I'm not paying $1400/mo to live like this.
I would call in the city's code inspectors. You have several health and safety issues there. Leaking sewage, possibly too many folks in the unit (check occupancy limits), abandoned/junked vehicles, garbage/littering. Wait for their report, then decide what to do. If there are health/livability issues found, the inspector's report would give you some ammo. Also look at your lease for the terms "quiet enjoyment" and where it says who gets what parking.
Thanks.. we know someone in the buildings department in town and we're calling him Monday. Unfortunately, the parking was a verbal agreement among all 3 parties, nothing is written in the lease (actually, my lease states "No parking is provided at this time" as the previous tenant before these new ones used the driveway exclusively).
1. read your lease and stick to it...talk to your LL, your situation is, in my opinion at least (keep in mind I have no specific knowledge), unreasonable.
2. things are likely not to change according to your post, don't postpone the solution. You are the one uncomfortable, you have the most interest to solve things fast.
3. move out, some people (again, I am talking from my point of view and experience and do not know your neighbors so this is a general consideration) will not change.
4. rent somewhere which you do not have to share with others, or at least you are not the neighbor on the lower floor. If you do have to share, get the rules in writing and a strict LL. The tenants who break rules are basically out, if your lease states something and it is legal in your state, you have to stick to it, either as LL or tenant.
I know very few people that live on lower floors and have no issues.
Thermostat is broken.. isn't actually wired anywhere(!!), constant leak issues from the upstairs apartment's bathroom, a broken or clogged sump pump, lack of carpet in one room, etc.. Immediate repair on the thermostat isn't necessary its not in conjunction to the cooling system. The upstairs leak could be from a couple different sources, not to alarm you, theres the possibility its sewage water. Its a health department and habitibity issue. Send a certified letter of demand requesting the repair or you'll be contacting Code Enforcement. Landlords take code very seriously, but if the request isn't met or the repairs done improperly, contact your local CE to investigate. The LL is given a time frame to complete the repairs and code comes back to re-inspect and issue fines if non-compliance and at this point you may have a legal right to terminate.
The problem is the new set of tenants upstairs that just moved in a month ago. LL and I were under the assumption that it was going to be around 4-5 people living there, it ends up being around 9-10 people living in a 4br 1ba, 2floor part of a house. Thats a lot of people, the additional 4-5 may be visiting or the LL has not told you the entire truth. When living in a multi-resident home with a 4br ajoining apartment this is to be expected. Contract between LL and his other tenants is confidential and hes under no obligation to share that information.
Right away, they gutted the kitchen and left trash upon trash in the back yard and the LL had to call special pickup to get it picked up. They were supposed to bring the trash to the curb to be picked up and they never did, so it still sits there today. This is the LLs responsibility to manage his property, contact tenants and send violation notices.
Our bedroom is right under one of there's, and sometimes they play music. Fine, whatever.. we all listen to music. Not at 12am though with bass blasting. I go up and knock on the door for them to turn it down, one of the people living there says OK and sorry, then they barely turn the music down. This disturbs your right to peaceful enjoyment. I wouldn't address the issue further with your neighbor, call the police. If it doesn't stop call them again. With enough citations/fines from the police, you then have proof of complaint to address the landlord.
We were supposed to share the driveway and everyone was on the same page.. 1 car per apartment in the driveway, each to the side so you can pull out. The driveway is like a Y, where 1 car can fit at the bottom and 2 can fit in the back. Worked fine for a few days until the tenants started parking 3-4 cars in the driveway and just blocking me in if I parked in the back by parking right at the curb in the driveway, not off to the side or anything. Include this issue in you letter outlining repairs.
They totally took over the yard, there are 3 unregistered vehicles on the property.. one on the back lawn and 2 in the driveway, none have plates. There is garbage EVERYWHERE in the back yard. The tenants even put 2 leather couches in the back yard to sit on! Who does that? If the yard is part of the common area in the lease then you can address this in your letter.
The LL is not happy with the tenants either, so I am going to tell him on Monday that either he kicks them out for all of these issues. We are at our wits end and are probably just going to call the town to have them come out and see what the hell is going on. AnLL can't just kick tenants to curb when the going gets rough, normally violations letter are sent and time is given the tenant to remedy before they can take further action.
I was walking my dog in the back yard and I found a small dime bag on the ground in a pile of garbage with some white powder in it. I don't think I should be subjected to this, don't you agree? All you can do is keep your eyes open, whose to say it belonged to them , even though its a possibility, you can't make accusations you can't prove.
What do you guys think I should do? I am not sure of the terms of breaking a lease in NY state but I don't know what else to do. Any advice? We just want to pay rent and have things fixed in a reasonable time and not have to deal with a back yard that looks like a chop shop with engines laying around, car seats, etc. I'm not paying $1400/mo tolive like this.
Resolutions are not going to happen over night, give it some time. You always have the option of early termination with loss of security deposit, its possible under certain circumstances to do without the loss of security deposit but would require court action. Make sure all communication for repairs and problems are sent certified mail w/copy for your records should you decide court is your only option. Best Wishes
Understood.. I got a text message from the LL saying he is telling the new tenants to clean their crap up and to get rid of the extra cars, that the neighbor behind us complained and it's not going to fly.
I wouldn't put up with it too long, hopefully your lease will be up soon and you can move. It doesn't sound as if the LL is very motivated, and what they are doing to the place looks pretty bad. I would be gone asap.
A lawyer friend said I could probably use the "quiet enjoyment" clause of the lease to get out -- is this true? What do you guys think?
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