what can I possibly do? (apartment, lease, tenant, deposit)

[yagoda]

Hi everybody.

Here is the situation. Me and my husband are international students. He came to NY in January 2009 and rented an apartment with the help of real estate agency. 1 year lease first floor in the private house . Several times there were situations when the sewer is coming out of the sink (I don't want to even mention the months smell after this events), the ceiling in the bathroom constantly leaks, because "my daughters don't close the shower door well haahaha" (wtf!!!), the locks on the windows are not working and so on. Landlord (living upstairs) was notified several times and done nothing about all that. His wife was coming down a few times and bragging that we are throwing plastic foam (you know this one from the boxes when you buy something) into the wrong trash bucket, while we didn't throw it, we didn't buy anything, we just didn't have that foam but she kept bragging. (Oh they are only people who don't put garbage in plastic bags at this street). The house is full of ants, you practically leave an apple on a table for two minutes and then you find all the table covered with ants trying to steal your apple. Also nothing was done buy landlord about that. He kept complaining that we argue from time to time with my husband, while it's ok that we spend half a night trying to sleep because he is snoring like a damn tank or one of his daughters mobiles rings at three in the morning (you know this nasty IPhone ringtone as a siren). His wife said even that we are so dangerous for her kids (around twenty)which are 4 times bigger in size then my husband just in case + me pregnant woman.
The humidity level in the apartment such that the towel after you use it once after shower is not usable anymore: it smells and it's wet, unless you go to laundry and dry it after every time you take shower. We spent two hundred bucks to buy dehumidifier, so we can at least breath. Oh the sewer, when you flush the toilet you see **** is passing through, you see it through the hole in the bath tube, and oh god every time you take shower you smell sewer. Nice apartment. But it was ok, because we rented (they hided a lot of this from the beginning), we signed. But now they sent us a written notice that they are not returning our deposit and an apartment in horrific condition, so we even should pay them. (there are no damages except a small hole in the bathroom wall, made by door handle, because space is so small and wall is practically paper - this we will pay sure, no problem). We have just one set of keys, they promise every time to give us a second set (they have it) and they never do. Oh they just gave us one key from the door while it has two locks.
Also, my mother came by a month ago, and we went to Florida for a weekend. My husband, me and my mom. When we landed in Florida my husband got message on his answer machine that they will come to check the apartment with insurance agent for damages. My husband called them back several times they didn't pick up the phone, he left them a message on the answer machine, that we are not in NY and we wish it to be done next week. They didn't call back. When we came back Sunday night (2 am Monday actually) we couldn't get inside our apartment. It was locked on all the locks, while just day before the departure we asked for the damn key from other lock. They we very angry that we woke them up and in the beginning didn't even want to admit that they were inside our apartment.


I am sorry for being that annoying and long and thank you if you read it till the end. The question out of this: how I can make them return my deposit and not ask for more money from me. As I said we are ready to pay for the small hole, but it is not the whole deposit. Deposit is 1300 and rent either 1300 (this apartment cost max 850 on the market). Can I call Health department to state that conditions are not habitable or whatever. Or do anything with this landlord? maybe somebody can help with NY law or something, I will appreciate any answer. ANd again thank you every body for patience.

[Ultrarunner]

Of course you can make his and your life miserable calling for inspections and writing letters.

How much time do you want to spend on this?

Your other option is to move and let a judge decide... just be sure you can document everything...

Generally, property owners have a time frame to make repairs... depending on the nature of the repair...

Sewage backing up inside the home needs to be addressed quickly... it's most likely bad drainage tiles from tree roots... not your problem in that case...

I would not stay another day under the circumstances you describe... my health, well being and sanity is worth far more to me than the deposit...

Once out, I'm sure both you and the Landlord will end up before a Judge...

Good Luck on which ever path you take...

[yagoda]

To be honest I will not enjoy spending even a sec, but I just don't want to pay more than I suppose to, and trust me, his wife will insist on it. Ok leaks are since July 2009, bathroom sink full of **** February and March. I think it's quite enough time to fix, and call the inspection or whatever to get rid of ants, but he is just greedy and don't want to invest.
And we are trying to get out as soon as possible, but it is quite hard without employment documents, because here people think that money don't exist in another countries probably. That's the only reason we are still at the same place.
Also landlord provided just contract, but not the deposit documents from the bank, which are required by the NYS laws.
Thank's for advise.

[yagoda]

also if somebody know the law of NY (queens county) well, did they have a right to enter while they knew that we will not be there and make it without appropriate notice? because for me it's enough that windows don't have locks, we have several expensive technics etc, i don't trust even landlords.

[kodaka]

In Queen's county, the landlord has the right to enter an apartment without prior notice:

--to undertake necessary repairs in an emergency (such as burst pipes, etc)
--if the tenant has notified the landlord of the need for repairs
--to show the apartment to prospective tenants or purchasers

Since you have requested repairs, you have implied they have permission to enter the apartment to make those repairs. So yes, they have the right to enter your apartment to make the repairs.

As for being unable to find another landlord....well there are literally tens of thousands of college students in NYC, many of them international students, and most manage to find housing. If you have encountered difficulties on more than one occasion, likely you need to make greater efforts to prove your financial stability. Such as transferring the money you have overseas to a domestic bank account. You might want to talk to other international students at your husband's school, or the foreign exchange office, about landlords friendly to foreign students or what criteria would make you a more appealing tenant.

[yagoda]

Thank you for an answer, Kodaka.

We didn't notify about any needed repairs or whatever. It wasn't connected to that or to the new tenants. We requested repairs half a year ago. How is it connected? Well, sure he will interpret it as he needs it=( He came in with his insurance agent.
Most of international students live in dorm or renting appartments in the city, sharing. Small and not nice appartments at all. This is not any kind of conditions we can possibly live in. So, we are trying to find an appartment where we can pay-upfront half a year or so. Or bigger deposit.
P.S. We are from Europe and used to quite different service then American.
P.S. My husband's school don't have foreign students ecept him, ironically. My school does, but it doesn't help much.