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Thread: Off Topic Legal Question!!

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    Featured Member SCGirl's Avatar
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    Default Off Topic Legal Question!!

    I know that in NY state, where I live, a landlord cannot enter an apartment without 24 hours notice. If they ask and you let them in, that's fine....or if they're standing outside and they smell a gas leak, it's ok for them to key themselves in because it's an emergency. However, my brother, who is trying to get out of a year long lease a month or two early, says that his landlady keys herself into the apartment all the time to "check the water." This I am SURE is illegal, but he can't prove she did anything (it would be his word against hers--the only way he knew was because the doors were left unlocked and he ALWAYS locks them--that could easily be countered with a "well maybe he forgot to lock them this time" defense). However, nowhere in the lease does it expressedly tell him she has to give 24 hours notice before coming over. The following is a direct quote from the lease: "It is understood and agreed that owner or agent shall have the right to enter and inspect premise at all reasonable times to ensure maitenance and safety of premise, compliance with lease terms, and to show the apartment to prospective tenants after notice to vacate has been received." I have a problem with the phrase "all reasonable times." It does not state the fact that he does have the right to have notification 24 hours prior to her coming. Can she just imply that with the "all reasonable times" statement, or is it her legal duty to inform him of his "24 hours" right? If it were up to me, I break the lease (because he found a new place that's much better but they want someone to move in right away and his lease isn't up until August) and sue her for the deposit claiming he was not informed of his rights and therefore, because it implies that she has the legal right to enter the apartment at anytime without prior consent, it is in violation of New York State law (if any part of the lease is "illegal," the entire thing is thrown out so therefore, he's not bound to the apartment and she's can't keep his deposit or sue him for rent). If anyone could shed some light on this, it would be greatly appreciated.
    "You did then what you knew how to do; when you knew better, you did better" ~Maya Angelou

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    Featured Member Lilith's Avatar
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    Default Re:Off Topic Legal Question!!

    Ah, the annoying landlord. Right up there with arse-patting bosses as a minion of Lucifer. Your brother has my deepest empathies, as my own landlord lives on property yet no one has seen the woman for nearly two months. Bastards.

    But I digress. On to the issue at hand.

    Federal mandated contract law specifies that one cannot legally require a person or entity to sign away federally or state mandated rights. She cannot claim that he allowed her illegalities by signing the contract; vaguely worded clause or no, he retains that right by federal decree. However, I doubt that this clause alone would be enough to deem the rental contract legally void. Check with the local Housing Authority or a real estate attorney if you would like a final word on that because I am neither.

    I can offer you this: in both Washington state and Florida, if the home is rented again after you leave they may not ask for rent or further hold any remaining deposit, broken lease or no. So if he leaves now and the apartment is rented again by July 1st, he owes no rent for July and August and they cannot hold his deposit as rent for those months- IF- the same law exists in NY.

    Other than that, I would tell him to bite the bullet and suffer the consequences. If the new home and landlord are that much better than his current situation then it will be worth the extra expense. Most deposits cover a month's rent anyways, so if he leaves the place immaculate then he's only out one month's rent at the worst case scenario and a deposit. Considering what I've heard of rentals in NY, I highly doubt that she'll be able to keep the place unrented for a whole two months anyways.
    He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you. ~ Friedrich Nietzsche

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    Default Re:Off Topic Legal Question!!

    The statement of the contract does not make it possible for her to do something that is illegal. For example...if you are signing a lease for me, and I include some legal-babble that states that I am permitted to sneak into your bedroom in the middle of the night, and you sign it...it does not mean that I am allowed to do it. He should look up state law and see what it says.

    I don't know if this will help, but -

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    Default Re:Off Topic Legal Question!!

    Your brother can walk away from this lease under NY law - IF - he can gather tangible proof that the landlady is actually entering his apartment without his knowledge and permission on a regular basis. With hard evidence, such as a video tape with a time marker pointed at his front door, the landlady won't have a leg to stand on in a NY court. However, in the absence of hard evidence it will be a word of tenant versus word of landlord situaition, which may go in the landlord's favor (particularly if she's a sweet little old lady and if your brother makes a rough first impression).

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    God/dess montythegeek's Avatar
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    Default Re:Off Topic Legal Question!!

    As a matter of practice I would not try to pick a pointless fight. Assuming that the landlord will not figure they have you on the hook through the end of the lease is asking for trouble. While all the statements about what they landlords should be able to do may be true, what if they don't try very hard or say to themselves "This gives me the opportunity to be picky about the next tenant or try to bost the rent up." Meanwhile your brother pays.

    If they can say I showed the apartment to 5 people, the judge is gonna believe they made a good faith effort. If you want to torture them for the sake of spite, Do it after you are out and get your money back by filing a complaint with the housing agency. Before then get signed notes from them saying the place is cool.

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    God/dess AinNY's Avatar
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    Default Re:Off Topic Legal Question!!

    Legally I am pretty sure your brother is in the right.

    I'm in NY, and it doesnt matter where you are, just b/c its written in a contract does not make it legal. As someone already said.

    But going through a legal battle over this probably isnt worth it.

    My suggestion is for your brother to catch her in the act and embarass her. Somehow make it look like hes not home....and then when she sneaks in...be there, if he cant maybe a friend who has nothign to do durign the days can,(naked or something will embarass her more) and get really mad and threaten to call teh cops and what not....usually after somethign like that they will stop. That or video tape the apt during the day for evidence( A webcam works well for timed pics...some webcams even turn on with motion)

    Hope that helps

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    God/dess VenusGoddess's Avatar
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    Default Re:Off Topic Legal Question!!

    The only problem that I can see is that if he told her that he needs to move and THEN she starts coming into the apartment unannounced and uninvited. At that point, it would be really very hard to prove anything. I agree with Lilith that if the other place is better, than he may just have to suck up the difference. He can sign an agreement with the landlord stating that every effort will be made to rent out the apartment to someone else...and that the place will be left in clean condition...and that he will receive his deposit as soon as a new person rents the place. The agreement is a formality, but it helps keep people honest. If your brother wants to rent the place out faster, he should consider printing up flyers and having them distributed himself (sometimes landlords are not THAT tenacious at it if they have a lease for x amount of months. She is basically guaranteed rent until August). So, tell him to spread the word himself.

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    Featured Member SCGirl's Avatar
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    Default Re:Off Topic Legal Question!!

    Thanks for the replies everyone! I feel really bad for him because he doesn't have any money to spare (to pay for rent at the new place, in addition to what he'll owe the old landlord for breaking the lease). Decent places to live are EXTREMELY hard to come by where we live. He's living in a trailer park right now, for goodness sakes! Poor thing, his "house" is the size of two of my rooms (I lucked out and got a five bedroom house for $550 a month, utilities included, but it's only for the summer).....his "bedroom" is the same exact size as my closet (all that fits is a twin bed and a few extra inches to walk next to it). It just annoys me that the landlords around here can be so disgusting. I wish that courts would see that document the same way I do. To me, the document is clearly beyond the law. Geez, the way it's written is so awful--it implies that if the place is hazardous and you get injured because of it, it's not her fault. So if there is a giant hole in the floor because it's a freakin' slum and you fall through and die, it's your own damn fault!! How stupid is that?! I don't even think she had a lawyer help her draft the stupid thing. I think it's some trailer-trash woman pretending to know what she's doing. I just wish that I knew if a judge would read it the same way--he definitely can't afford a lawyer.

    *sigh* Sometimes things just suck and ya gotta deal, right?! Again, thanks for the help.

    PS. Venus--LOVE your new avatar!!--You look gorgeous!!
    "You did then what you knew how to do; when you knew better, you did better" ~Maya Angelou

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    God/dess VenusGoddess's Avatar
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    Default Re:Off Topic Legal Question!!

    First, your brother should invest in some renters insurance. It costs pennies (like $150/year) and can really save him a lot in the long run (especially if his place is "questionable"). Then, if her building is falling apart, and by moving around "reasonably" (meaning that he's not jumping up and down with 1000 lb. dumb bells) he falls through the floor, then no matter what the land lady says, she's responsible. That's what insurance is for. Sue her, sue the insurance company...etc, etc, etc. A lot of people think that if they write a contract, then they have covered their asses. However, a lot of these "self-made" lawyers have no clue what the law states and are ignorant that if it's against state/federal laws, just because you put it in your contract means jack. I used to work for lawyers and saw all kinds of goofy stuff. It's funny what people think that they can get away with.

    In terms of your brother...he should report this lady to the Housing Authority as soon as he gets his money back. If he's so tight on money, then tell him to start looking for a replacement NOW. Being that it's the summer, it should be a little easier to find someone to move in (as opposed to December or January).

    Another thing I learned...when he gets his new place, have him take pictures of EVERYTHING!! Take pics of the condition of the apartment/house prior to moving in...and then get the pics developed and then put them in and envelope, seal the envelope (putting his signature along the envelope flap), mail it to himself, and then never open it. It's good in case there is something wrong with the apartment upon move-in and the land lord tries to get him to fix it. Also, if the land lord doesn't do a move in checklist (where they both go through the apartment and report all good or problem areas) then he needs to "insist" that this is done and signed/dated by both.

    I had a land lord who did the final walk-through without me...and then tried to charge "repairs" against my security deposit. That's illegal and big no-no (at least in Illinois it is).

    Anywho...document everything...the less questions there are, the less problems there are (at least in these situations).

    And thanks for the compliment!!!

    Good luck to your brother!

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