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I never signed a lease, never gave a deposit, we had agreed that I could stay as long as I wanted (they explained most of their renters stayed under a year etc) and this worked for me as I was looking to get my own apartment.
Long story short, I was coming home recently to front doors unlocked, doors to the unit unlocked and opened and a couple of times my private room I am renting was unlocked. I found this very odd and started getting uncomfortable with some of the behavior the husband had been displaying.
The most recent incident took place on July 30th, so I decided to go ahead and move in with a friend ASAP and vacate before the new month started.
Anyways, of course he was upset, he started texting me, I explained to him about the unlocked doors and how uncomfortable some of his actions had made me etc, he started getting hostile saying he was going to "pay me a visit at work" and also called my job 2x for me.
He mentioned to me he was going to contact the "ADA" which I take it to be the assistant district attorney? I explained to him that he had his keys, I owed him nothing, damaged nothing so I was in no wrong. He claims I am in the wrong and he is having me "served" at work?
I am not from New York and I never rented a room prior to this so I didn't know the proper rules to "renting a room with no lease" etc, but upon doing some research apparently even without a lease I am obligated to give him a 30 day notice. This is all NEW news to me.
My question is: They have a home which is deemed a 2 family dwelling (I looked up the address), there is the unit they live in and a unit upstairs BUT they also have tenants in the basement and the converted garage - they also rent out 2 rooms in their unit (1 was mine and it had no window) also, these basement and garage units cannot just be rooms, they must have bathrooms and maybe even kitchens as these tenants never came into the unit I was living in for anything. Is this legal? Would my situation qualify as an "illegal rental" even if I was only renting a room? Do the tenant/landlord laws apply when renting only a room? What are the rooms in NYC about rooms rentals etc?
You were basically on a month to month arrangement, so yea you're required to give 30 days notice.
What does he keep calling you? does he want more money for the inconvinience?
Unless you caused damage to the room, I don't think he has much recourse.
Did you tell him that you are aware of the possible ilegality of renting a converted garage and basement, and that you can report him to the DOB?
if in fact it's an ilegal dweling, and he's smart enough, he will back off and leave you alone.
Last edited by likeminas; 08-03-2012 at 10:17 AM..
He was angry about me leaving a day before the first. I did mention to him that I was feeling harassed and if he continued to text and call I would report him not only to the police but to the city of NY for having so many tenants in a 2 family dwelling. This is when he proceeded to tell me about the "ADA" and having papers served to me at work.
I can only assume that he is taking legal action because of the 30 days thing as I didn't do anything else wrong, but I didn't even know about the 30 day thing until he mentioned the ADA and I googled landlord/tenant laws etc (that's how I came across this site).
Technically, I don't know that what he is doing is illegal. I know the house is classified as a 2 family dwelling but I don't know the law on renting out rooms, # of tenants, basement apartments. As I mentioned the room I was renting did not have a window, I've heard this was illegal as well. I guess it's all heresy unless I decide to file a report with 311.
Mentions of the ADA are nothing but empty threats. The DA will not do anything other than have a laugh at his expense.
He can take you to small claims court but winning there based on your story is gonna be a long shot.
1. Tell him he doesn't know what he is talking about, that "ADA"s do not get involved in Housing Court matters.
2. Tell him it will cost him a lot more than it's worth even if he gets it right to try to get 30-days worth of rent and notice from you and that you know this is an idle threat.
3. Tell him you will report him to the Dept. of Buildings for possible illegal apartments if he pursues anything against you.
Conclude by saying it's better for all if the matter is ended and dropped.
Thank you guys for your feedback, I really appreciate it. It's hard in NYC for a young female from Canada...lol I will defiantly educate myself more on the whole landlord/tenant laws.
Well, until he actually serves you papers, what are you worried about?
Presuming everything to be 'legal', under the law, month to month tenants are required to provide 30 days notice, in the City of New York.
So, presuming a legal circumstance you owe your LL one month's rent. The LL can take the matter to court, and with *proof*, the LL will prevail, as it is true.
Now, taking into account your claims above, if true and proveable, then a court is unlikely to find that you are monetarily liable for 30 days notice.
Curious, was there any security deposit?
Btw, your ignorance of the law will NOT be a defense, so get over the fact ghat you didn't now the law re month to month tenancies. Nobody cares, not the law, not the judge. It is your responsibility to know the law.
One way, under the circumstance, to make a simple defense, is to, indeed, report the circumstance to the authorities. They will schedule an inspector to inspect the property. If it is an illegal dwelling, the inspector will immediately post notice.
You can take a CLEAR picture and/or get a copy of the records from the dept of buildings reflecting the notice. Either or both w/b sufficient proof in court to highlight that you were effectively evicted (warrant of habitability) and consequently owe no rent.
In fact, you can counterclaim for rent you have already paid as LLs are not allowed to profit from illegal dwellings. You'll need to prove illegality during the period you were resident.
Unless you caused damage to the room, I don't think he has much recourse.
You *think*? You are despensing legal advice, what LAW do you KNOW that causes you to so forthrightly make such a claim?
Information? Knowledge? Or Belief?
Quote:
Originally Posted by likeminas
He can take you to small claims court but winning there based on your story is gonna be a long shot.
Again, legal eagal, WHAT is the legal basis of your assertion?
WHAT does she need to doooo?
The OP provides an informative account of her perceptions and assertions, and asks a generally specific question, and You provide a couple of sentences of unsubstantiated OPINION and No relevant nor instructive USEFUL comment or information; and you do so with authority of knowledge.
****
This is precisely WHY I post to this forum. Refuting erroneous legal L&T information spouted to people needing REAL SUBSTANTIVE advice.
Jcolt, Yes, I realize that my ignorance on the matter wouldn't be of any importance or have any legal backing if we did go to small claims court, I was basically stating that in here just to inform everyone that I was unaware of it prior to my decision just in case someone mentioned the "30 days".
Anyways, no I did not pay a security deposit. I am not really worried, just bothered by the entire situation especially since he says he used my work address (I don't like personal matters being brought to work) and I wanted to know if this was normal practice for not giving 30 day notice.
I honestly want nothing to do with him or the situation any longer and I don't even have the desire to contact the Department of Buildings unless he does try to have "papers served to me", but I wanted to find out if anybody knew here what qualified as illegal conversions and the laws of renting rooms etc.
I don't think there is any reason to get that worked up about anything @jcoltrane.
It is a discussion.
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