Legal Question in Landlord & Tenant Law in New York
landlord asked me to move
Moved into a studio apt in New York on June 8,2003 with a one year lease agreement.
I improved , with consent the studio by having a closet made and removing a half wall, my cost over $800
They claim I have to pay the rent to them, I want to put ''in escrow'' until the problem is solved properly.
Now they have told me to move and they will reduce my rent until I move! I asked for it in writing, no response to date.
I want to stay here, I spent $1100.00 to move into this apt from my last one in the movers cost only Plu additional improvements of $800 I made to the apt with their approval.
Since I have a lease, can they do this to me?
I suggested letting me move into another vacant apt and they have not responded. I think they just want to get rid of me, since I am a complainer!!!! My roof leaks !!!!
It is obvious it leaked before and I suspect why the last tenant left. I am sure they will re rent again to a new tenant.
Please , I need some advice!
Thank you in advance,
--name removed--Murray
3 Answers from Attorneys
Re: landlord asked me to move
If the facts you state are accurate, you don't have to move with a valid lease in place and they certainly bare responsibility for a leaking roof�..however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: landlord asked me to move
This cannot be enjoyable for you. Please remember: in NYC landlord/tenant disputes are a game. They are making moves and you are doing the right thing by collecting information. In this case, it may be that the landlord wants to change tenants (churn) rapidly. Assuming the apt is rent controlled or there are other regulatory issues, this is a common technique to raise the legal rent limit.
You are correct: if you have a valid lease and are paid up the landlord cannot remove you. In addition, if the apt is not in proper repair, you have a right to lower rent (rent abatement) or to take legal action to force the landlord to fix the property.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
Re: landlord asked me to move
I'm not sure what "problem" needs to be solved. It's unclear by your question. Did the landlord start an eviction proceeding against you. If so, go to court and put in a defense regarding the conditions of the apartment. As far as forcing the landlord to hold rent in escrow. You can apply to the housing court by motion or order to show cause for a judicial order to that effect.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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