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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Landlord is Upset Over Late Rent Payments

    My question involves landlord-tenant law in the State of: New York

    I'm stuck in a bit of a sticky situation.

    Here's the basic details:
    - Long Island NY
    -Myself and Two Others as roommates
    -Apartment in House above LL
    -Paid First Month and Security + Monthly payments towards last Month
    -Moved in March 2012
    -Error in lease LL said we can start moving in and will fix and have us sign.
    -Promised that a washer and dryer was going to be installed 1st week of 2nd month. Plus the deck was going to be painted as soon as we got a few nice days, stove hood was going to be replaced, fan in one bedroom was going to be fixed, and that parking in the area was not an issue.
    - Never got a new copy of lease
    - Not one thing has been fixed
    - Have to park blocks away half of the week
    - The lease had outlined that a 7 day grace period where rent was not considered late till after the 7 days then a fee could be accessed.
    - Washer dryer work finally started the third month of the lease when told the second month.
    - Construction workers came when 'their schedule allowed' & was 'convenient to them'
    - A big whole was left in our living room that went to the attic with construction not even half done for a month.

    Now Last week:
    - LL had asked if we could leave rent by Monday July 2nd Morning because of the holiday Coming up. One roommate was international and back the 5th so he could not leave it then. The other gave his to me.
    - I responded Yes, but also questioned when the w/d dryer job was going to be done bc it being inconvenient, an eyesore, and heat drafts tht came in through the attic(which added to our electric bill trying to keep the apt cool)
    - No response to the message
    -Monday morning I had an emergency and had to run out very quick very early in the morning and could not leave the checks.
    - Came back around 10Am to get my car and leave the check but LL had already left for work.
    - Get a text from LL that the carpenter was coming at 11Am monday and that the rent checks were not left as promised and saying that rent is due on or before the first every month.
    - I explain there was a situation and that the LL was gone when I returned. I also tell the LL that we'd like more then an hour notice when someone is going to come into our place and that the third roommate is a bad point of contact since he is international several days of the weekHe usually gets the texts from LL and cannot pass them on as LL knows)Also point out my ceiling fan has still not gotten fixed and its hard to sleep with how stuffy the room gets.
    - LL responds that we have not given her any on-time rent checks since moving in. Which is not true they are always on the staircase by her entrance(the agreed upon drop off location) either the first or if the first is a weekend the monday following.
    - I try and diffuse the situation and explain that it is frustrating that the deck has not been painted, stove not fixed, fan not fixed, and washer dryer not installed after four months of living there and try to say we will make sure to do our part and ask that she please try to do hers. I also went into more details about the emergency and apologize that I could not leave the checks in the AM and that I would leave them when I return home.
    - Leave the 2 rent checks in a padded envelope clearly labeled on the agreed upon location for rent check at 6PM.
    -LL comes home and leaves our mail next to the envelope and does not take it.
    -By the time 3rd roommate comes home, the 5th, LL has walked past the envelope at least 10 times.
    - Roommate 3 puts his check with the LL's mail in front of her interior door and texts LL they are there. LL sorts through mail and leaves the junk mail and our checks there.
    - Friday AM roommate 2 saw LL step over checks purposely ignoring them. Roommate 3 texts agin to find out why she has taken them, she ignores, and puts mail with them again and she sorts through and doesn't take them.
    - Leave with mail again.
    -We are all going away for a few days tmrw and don't want her to try and pull anything while we are away.

    I know this is a lot of typing but just trying to give all the info I have. We need advice on what we should and could do. What do you think the LL is trying to do or going to do? The only advice we were given was to give LL 30 day notice and move out since we have no binding lease. This would be hard for us because we need to stay in the same area since and since we live in a 'summer' town rents are sky high until sept/oct

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Landlord is Upset Over Late Rent Payments

    so, do you want to leave or stay?


    as you suggested, if you don't have a specific term lease, give notice and leave. You seem to be demanding things be done that are not issues of habitability and since there is no lease, I guess they there are really not enforceable promises, right?


    btw: rent is due on the first. The grace period is simply that; a grace period where the LL does not charge you a late fee. It does not mean rent is due sometime between the first and the seventh. He can actually give you a 3 day pay or quit notice on the second of the month.


    If you do not believe the LL has given reasonable notice to enter for the repairs, then don't let the repairmen in.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord is Upset Over Late Rent Payments

    Without digging into New York law, I'm skeptical that the landlord can serve a notice to quit during a contractual grace period, as by having a grace period he's implicitly (and perhaps explicitly) agreeing to hold any such action in abeyance until that period expires. On the other hand he could have a late fee, consistent with state law and any applicable local regulation, that kicks in before the grace period expires.

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