Quite the story, need your help landlord/tenant dispute (apartment, lease, construction)
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I began renting my first apartment in upstate New York this past May 2012. I am a single 22 yr old female who works full time. I found an apartment where my landlord also owned the empty establishment below my apartment and said they were renovating it to be a classy quiet bar, as the last one was shut down after too much trouble. I agreed to the to move in and sign a one year lease, as most bars in this area respect tenants and have rules for patrons after the hours of 10:30pm that follow the city noise ordinance. He also told me the majority of any noise would be from outdoor smokers 10-15 people tops.
Then crazy things began to happen.
I thought I was the only person in the building, but on my move in date a white cat came into my apartment out of no where along with my landlords 30 year old son. There seemed to be something wrong with him mentally, and he asked strange questions that made me uncomfortable. It wouldn't be the last I heard from him. From there on out he tapped on my door in the wee hours of the morning, I could hear him screaming and yelling at his cat, and he would bang on my door and ring the obnoxious doorbell and tell me that I am drunk and stole his cat. My landlord finally admitted his son had "Mental issues" but was harmless. Then, one night I went to ride my bike that I kept behind a locked door that only I and the landlords son had access too. Low and behold my bike was gone. I was frantic, because the bike was very special to me for personal reasons so I let my landlord know it was missing. The next day the bike was magically back, but severely damaged to the point where I couldn't repair it myself. My landlords son had been joy riding my bike at night when he was having his "temper tantrums" and had done damage to almost every part of the bike. In addition to this, I don't think a night went by where I couldn't smell the marijuana seeping through his son's studio apartment next door, which to each his own, but I didn't want anything to do with the "business" side of that. And then that's exactly what happened, one day I had friends over and a drunk or drugged out toothless man confused my apartment with the landlords son's and walked right in asking me where xxxxx was. My landlord said that what happened over there was none of my concern, and that his son would be moving out because "he didn't want him bothering the new bar patrons." We agreed on a small amount for the bike damages to be paid to me, taken off next months rent. Since his son has moved out, the studio next door has been used for the construction workers to sleep/party in. What ever is going on over there is most certainly illegal, although I can prove nothing and have only my word on what I have seen go down over there.
So I stick it out for a couple more months, and it's time for the bar to open after weeks of obnoxious 24 hour round the clock construction. I came home from work and the only entrance to my apartment was blocked off by tents and stage for a live band and to my surprise a full outdoor bar. My landlord was there and said in a nervously "Ha I didn't want to mention the outdoor bar" which would obviously mean that my front door will be blocked constantly by people who are drinking. Also during this grand opening weekend when ever I tried to enter my apartment I was promptly ID'd by bouncers. Even after I introduced myself and explained to them that I lived there, they said it didn't matter. All of my friends that tried to come up to my apartment are of course ID'd as well. There must have been about 200 people outside that day, all day live band for 3 days and bar fights that resulted in the front door of the building being shattered after someone threw a guy through it.
The most disturbing thing that happened to me in this apartment so far, was one night at about 3 am a drunk person thought it would be hilarious to climb my fire escape and pound on my bedroom window. After a few seconds they stopped and I was too scared to run right to the window, I waited awhile and they were gone when I looked out it. I began sleeping with an aluminum bat under my bed. This of course is not my landlords fault, but left me terrified and resulted in countless sleepless nights and being late for work.
The bar plays music with a bass that knocks my glassware off the shelves, it's really quite unbelievable. There is no respect for me as a paying tenant whatsoever. I finally told my landlord enough was enough, I did not feel safe there and it really was unbearable to live and sleep in this apartment. He was angry and told me it was my fault and I decided to live there, which may be true but I was promised a safe and quiet enjoyment of this residence, which has not happened for one day since I moved in. I have lived there for four months, and he finally agreed to end my lease at the end of this month giving him more than 30 days to find a new tenant, which I also agreed to help him with. He already had another tenant lined up and he even said (which I have in text messages) that he would give me security deposit back to me after I moved out.
No where in the lease does it have any termination fees or termination of lease clauses.
So it was settled, but I still had a month to live in this hell. So I did the best I could, I begged them in person to turn just the bass down so I could fall asleep before 2am, I texted my landlord to tell them to just keep it tolerable all with minimal to no success. Finally, I was so stressed out and exhausted, I called police one night who seemed to sympathize with my situation and they went in and told them to turn it down. My landlord was furious and confronted me in person asking if it was me that called police, and said "the deal was off" and he was no longer going to give me my security deposit back because I promised to never call the cops on him (I most certainly did not and have no idea why that would have ever come up in conversation), and is now ignoring any form of communication I attempt to have with him. He did get drunk and text me about how horrible I was though, and that "you live above a bar, what did you expect"
The bottom line is, my landlord knowing put me in an unsafe situation both with his son, and with the bar downstairs. I can't sleep at night due to fear, and I've never felt this way before and was not expecting it at all. I am leaving at the end of this month regardless, and New York State laws and a free legal advice service I used both told me that he has no right to keep the deposit because he is angry with me, even if I did break the lease. The security deposit is a cleaning deposit, and he cannot keep it because he is angry with me.
I feel bad for breaking the lease it's not something I ever thought I'd have to do, and obviously fell for the ol' quiet classy bar trick, but I really think he thought because I was a young girl he could take advantage of and intimidate me.
Am I wrong to legally pursue my security deposit after he promised it to me? Can I sue for damages equal to more than the $700 deposit and legal fees? Will my agreement through text message stand as written agreement?
There is more craziness to this story, but I think this is good for now, your thoughts?
I hope you kept a log of all the incidences and too bad you never made a police report about the theft and damage of your bike. Find yourself a new place to live and then take him to small claims court if you are not provided the promised return of your security deposit. Have the text messages transcribed onto documents and have the person who does that sign a notarized statement that s/he did the transcription precisely as written. Keep the text messages in your phone. Reconstruct the history of your tenancy with dates of issues in log form. Provide your landlord a copy of the transcribed documents and notarized statement, plus your log of all the incidents, and advise him that you will use these in court if he doesn't honor the agreement he made with you. Do this as you return the keys to him when you will not spend another night in the place.
I agree. And don't under any circumstances have any further dealings with your landlord unless you immediately email him afterwards to confirm the conversation. Any other intrusions of any kind, call the police immediately and make sure they create a written report which you can pick up (for a small fee) once it's documented. I would also follow up on the one time you DID call the police and obtain the report of that incident. I've been in similar situations and now always document, document, document to the nth degree. Written documentation and dated photographs are, like Google, your friend! Good luck!
Make sure any and all communication regarding the apartment is in writing and sent certified mail, return receipt requested. Keep everything. Once he doesn't give you your deposit. And I assume he won't. file the paperwork with the courthouse and take it from there. I have a feeling you will awarded the deposit, court and legal fees. Just be respectful in the courtroom and don't let your emotions get the way. Good luck and keep us updated!
I hope you kept a log of all the incidences and too bad you never made a police report about the theft and damage of your bike. Find yourself a new place to live and then take him to small claims court if you are not provided the promised return of your security deposit. Have the text messages transcribed onto documents and have the person who does that sign a notarized statement that s/he did the transcription precisely as written. Keep the text messages in your phone. Reconstruct the history of your tenancy with dates of issues in log form. Provide your landlord a copy of the transcribed documents and notarized statement, plus your log of all the incidents, and advise him that you will use these in court if he doesn't honor the agreement he made with you. Do this as you return the keys to him when you will not spend another night in the place.
All this plus tape record the noise you hear in your apartment for a few nights. A copy of the police report from your call. Be careful, this landlord sounds unstable....and totally unconcerned for your safety. I hope that you find a safe decent apartment, good luck to you. And, please update often....yours is a very interesting situation.
Make sure any and all communication regarding the apartment is in writing and sent certified mail, return receipt requested. Keep everything. Once he doesn't give you your deposit. And I assume he won't. file the paperwork with the courthouse and take it from there. I have a feeling you will awarded the deposit, court and legal fees. Just be respectful in the courtroom and don't let your emotions get the way. Good luck and keep us updated!
Also, some states have a clause that triples your deposit if they lose because of the aggravation etc. Check your states LL tenant laws on the first link in this renting forum.
Specific Legal answer are beyond the scope of City-Data...
It does seem like multiple violations occurred.
My area, not NY, has strict noise ordinances that govern just about everything outside of normal working hours... no way 24 hour a day construction would be allowed except for emergency repair.
Yesterday I sent the end-lease agreement with the forwarding address for my security deposit via certified mail. I think I will record the noise tonight just to have it on record. Thanks for all your support and suggestions! Here's to hoping he signs the agreement and returns the deposit just to get me out of his hair. I realized too that the tenant he said moved in August 10th into the studio (a nice young woman who works with old people he kept telling me) does not exist. The studio is empty, why would he lie about that?
P.S My new apartment might be ready a few days early! Ohhh to sleep again someday.
Gosh, I wish you good luck and I'm sorry you'd have to go through this, but I hope it's at least a learning experience.
I hate to say it, but "you live above a bar, what did you expect" does have some truth to it. It doesn't mean you deserved to suffer how you have and certainly doesn't mean he should've deceived you purposefully, but the moment you thought 10-15 drunk smokers hanging out outside a bar below your window would be no big deal, you failed to use basic good judgment. And then had to learn the hard way.
Anyway, I wish you luck. I see that you are young and will assume your lack of judgment and caution comes from that. But, honestly, what were you thinking?!!
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