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  1. #1
    Join Date
    Jul 2015
    Posts
    1

    Thumbs down Can Your Landlord Evict You for Demanding a Lease

    My question involves landlord-tenant law in the State of: New York
    My Property is owned by an LLC of my landlord( which he is listed as a property manager, his wife passed away in feb, which lead me to dealing with his son.
    I am not sure if that makes a difference.

    My issues began in February when my house decided to leak above my window *not the window itself" With the heavy winter we had. I took a video of this and called my landlords son, who told me when the weather got warmer they would fix it. Its still not fixed.

    I fell thru my floor and i have one other dangerous piece of floor in my home that wasn't fixed. The Floor was replaced with a piece of table, with a decent gap that you can see into the unfinished basement of my apartment building, Its uneven, and i believe i broke my toe on the uneven part, I will be going to the hospital later to find out. His son showed up with the "handyman" and he helped terribly install the table piece into my floor. With promises to come back and finish it. It still sits there more than a month later unfinished. ( i have a small video of them repairing it)

    My Pipes in my bathroom tub for my hot water shake and make a weird squeaking noise, that either turns my water on full blast or turns it off completely. When i talked to his son about it, he said then let it on full blast, but since we own a terrible water heater, i run out before i get half way full.

    My Stove when i had my gas turned on in my apartment, was issued a code violation for a flex cord. I showed them this, and they never fixed it, It also has a cleaning function which broke after its first use, and my landlord provided the stove, but insists that he would NEVER buy a stove with a cleaning function. This has been this way for almost a year. The oven itself still works. ( i still have the code violation paper work)

    During the timetable to get theses repairs i asked for a lease, my landlords sons said in person with me that they would increase my rent and take additional money for my security deposit 550 for 2 years, 500 for 1. I agreed for a one year lease. His dad, my landlord tho said they dont give two year leases, he also stated that he would be happy to give me a one year lease. I have been paying the increased rent.

    2 months go by and today my landlords son calls and asked for the keys to another apartment my friend had moved out of (we retained the keys to finish cleaning and making minor repairs for her) i asked him for the lease which he promised. im not proud to say i got upset, now i didn't yell or cuss, but my tone was defiantly not friendly. i kept asking for it, He stated that he could get more for the property, like he does for next door (they own a few buildings) I stated that my repairs where unfinished, and all i wanted was things fixed and what was promised to me. Its at this point he says, "well if i did promise it to you, i lied" He basically stated at this point im going to talk to my father about giving you a thirty day notice or keeping you at this point. He said the only reason that he didn't increase my rent more was because i was unemployed, and he asked specifically if i had a job. i have the whole phone conversation recorded. I believe NYS is one party consent.

    I dont know if he can legally do this. Im not afraid to say i may have messed up, having a disagreement with him.
    Now, I love my landlord, just not his son. The Landlord is getting to an age where he has problems doing things, i understand this.
    I cant afford to move, and im afraid that i will loose my home over this. I have given several letters to the landlord by hand stating what id like fixed, and i have another one set for tomorrow when he comes to pick up rent. i have already filed for a housing inspector. My landlord always shows up for the rent, never his son.

    Can my landlords son evict me? is there any chance i can stay here?
    Do i have a leg to stand on for repairs? What else should I do?
    If my landlord is technically a property manager(as its listed on his card) Do i have to file something against the LLC or my landlord?
    I was promised a lease by his son, is that legally okay? As I stated multiple times that he said the only reason i agreed was for the lease, and cost of repairs?
    Or must his father start the eviction process?
    Is there a way to find out who files for the eviction?


    At this point im not sure that i will be getting evicted, just that he will be talking to his dad.

    Thank for reading this, im very sorry if its garbled or unclear. i will try and answer any questions you may have...\

  2. #2
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Can My LLC "Landlords Son" Evict Me;due to Unresolved Issues with the Property

    You have the picture backwards! I've been a LL bit elsewhere so I'm not up on specifics of NY..but anway..the LL owes you a place that is fit and safe for use, probably up to code and with fixtures and appliances that work as intended ..
    A reasonable amount of hot water, safe floors, heat at least to code and so forth....

    Something is wrong...and in your shoes Id be filing a pile of accurate written complaints with any relevant code or license office, for starters!

    - - - Updated - - -

    NY apparently allows for a tenant to repair and deduct the costs...but it's a bit rule bound and you need to read and follow the rules carefully.

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