Hello, (apologies for typos, not the best typist), I live in Manhattan nyc

I was speaking with my father today about an ongoing battle Lorene and I are engaged in with our landlord; a real piece of work. I explained that I am seriously considering taking him to small claims court, seeking a request to have a judge rule on the language/term of our lease. After joking that I had a "Judge Judy case". I was hoping you may offer some insight after seeing these smaller issues in NYC law? I know it's a pain, but any opinion would be helpful, I can always send copies of the lease and email tansactions if you wanted.

We moved in on Feb,1,07 and gave hime 1st, last, and one months security deposit, a total of $6,600. It was almost two months before we received our mail keys. He bagan playing games with us last summer, claiming our rent was a few days late, then just charged us $125 for this arguable claim, and then threatened that he could add more charges on, yet never listed them on any monthly invoices, until two months later, when added $425 for what he said were other tardy payments. I went balistic and told him he was nuts, and that if he touched our security deposit, he was in trouble.. . really acting like a charmer. The ent invoices would arrive and we would ignore this false charge, then last moth, it was $125, changed from $425. Lorene and I agreed that there was the one month when we were at the beach, and it may have arrived a few days late, that we would include a separate check for $125, and on the check I wrote, " settlemnt payment for late fee", I also wrote that if he did not accept the condition regarding the check numbered 224, then to not cash it, and provide formal recors to suggest otherwise.

After I requested in the middle of a conversation that he ought to think about installing a smoke detector into the apartment, he never did, one violation of many I can only imagine.

That aside, I submitted rent this month (hand delivered, as I have done 5 months in a row to avoid more false claims by him), along with a formal letter explaining this was the last month of rent, that we would not be renewing.

We have found a new place starting 2/1/08 and he was as "nice as pie" when he wished us well. By the time I got home, he had sent me an email and in almost "ha ha" tone, explained I should review our lease, that in fact, our lease ends on 2/28, not the 1st. That we would have to pay him for January, and that feb. is the "last month" rent.

I was pissed, and saw that the lease says [for the term (meaning one year) (1), and ending on]... then he wrote in the side, [Expires 2/28/08]. Not only is this a contradiction in language in that sentence alone, and not initialed by any of us, but at the bottom of the page, he clearly wrote, 1st month- $2200, Deposit, $2200, and by no later than 2/2/07, $2200 Representing rent for JANUARY 2008 as last months rent, next to this exact staement, we all initialed. He cleverly wrote two different things in on the same page, no doubt directing us to the writing at the bottom, where it makes sense that we would pay most attention, I can only guess to distract us from the other write in above... again, where that part we did not initial.

I wrote him and without vulgarity, and esplained that he knows well and good what he was doing, an obvious attempt to let us think it was the standard one year lease, and if we would commit to another place the following Feb. then would probably have to leave (because you commit when you can on an apt immediately) and he gets a free month of rent as we have to forfeit it.

He reacted like a child, telling me to grow up, and in his email, threatens to call my "father".. haha, and my work! This guy is nuts! He attacks me for not living up to my word, this that, a reallly bizarre rambling.

My question after all of this, is would either you and/or Harry think I have an argument in small claims court; that the lease is at the very least, deceptive and misleading, who ever heard of 13 month lease anyway? In addition, he told me that it was Lorene and I who insisted on the extended month... that doesn't even make sense! What scumbag Mr. Chiam Katzap... (throat clear). .

Well, I want to file now, and if the judge says he's right, then we have to honor it, but we would like to get an answer earlier than later. I am quite sure by his behavior that he will totally screw us on our deposit as well, but it'll kill me if he wins, we fulfill, and he still does that. I'll of course be taking pics upon move out, with a witness, and time stamped dates on the pics.

This is the even bigger question, I have been doing lot's of research on NYC tenant rights. It says in our lease that we pay his attorney's fees if in court, we lose (apparently a standard), but not always enforceable in matters such as this. I have no problem dragging his sorry down there and fighting, to but don't want to pay attorney fees if for some reason I get a judge blind to justice. It also appears in my research on the local laws, he is direct violation by refusing to install a fire detector, any building with more than 6 units must have one, and tenant can be charges $10 a year for batteries. Also, as I interpit the law, that by threatening to call my work, may be in violation of harassment rights... in addition, the law reads (to me), that he can enter the apartment to show prospective tenants, but as he nastily pointed out in one email, they will be doing it "when it's convenient for them"... the law reads they must give a 24 hour notice, in writing, and be at a reasonable hour?

I have to think we have him by you know what, I mean, blatant flip flops in his writing on the lease terms, but what do you think? This is not about us screwing him over, breaking a lease early, or even suing him for $$$, but about what written lease terms are right or wrong! Actually, I can't lie, now it is also about jerking this clown to court as well, but mostly, we want to move out as planned, and have our deposit back.

Sorry to unload this laborious email on you, but looking to everyone for advice... I should have gone to law school... grrr.

Thanks,

John

Hello john:

Hello John:

You'll probably wind up in small claims court, but it's a little tooooo soon.

You gave notice (proper notice in my view), so move. DO the walkthrough with him. Take pictures... DON'T argue with him.

IF he sends you your deposit back, cool. IF he doesn't (and he won't), THEN you sue him.

Don't worry about attorney's fees.

excon

You can not end up in small claims court to have them rule on the wording of the contract

You can end up in court if after you move, he does not give you back the deposit, or if he tryes to collect more.

On the being late, I will give one piece of advice, my rental leases and month to month all have fairly standard claues. So if you are late lets say in June, and don't pay the late fee, all moneys received after that are to pay first to late fees. So ifyou did not pay late fee for June, when you pay in July, the first money goes to pay the June late fees, which means your July is not fully paid, so it is also late. So if you had a late fee from several months ago that was not paid during that month, all of the rest of the payments after that could be considered late if the money after that was applied first to any late charges.

Hello, (apologies for typos, not the best typist), I live in Manhattan nyc

I was speaking with my father today about an ongoing battle Lorene and I are engaged in with our landlord; a real piece of work. I explained that I am seriously considering taking him to small claims court, seeking a request to have a judge rule on the language/term of our lease. After joking that I had a "Judge Judy case". I was hoping you may offer some insight after seeing these smaller issues in NYC law? I know it's a pain, but any opinion would be helpful, I can always send copies of the lease and email tansactions if you wanted.

We moved in on Feb,1,07 and gave hime 1st, last, and one months security deposit, a total of $6,600. It was almost two months before we received our mail keys. He bagan playing games with us last summer, claiming our rent was a few days late, then just charged us $125 for this arguable claim, and then threatened that he could add more charges on, yet never listed them on any monthly invoices, until two months later, when added $425 for what he said were other tardy payments. i went balistic and told him he was nuts, and that if he touched our security deposit, he was in trouble. .....really acting like a charmer. The ent invoices would arrive and we would ignore this false charge, then last moth, it was $125, changed from $425. Lorene and i agreed that there was the one month when we were at the beach, and it may have arrived a few days late, that we would include a seperate check for $125, and on the check I wrote, " settlemnt payment for late fee", I also wrote that if he did not accept the condition regarding the check numbered 224, then to not cash it, and provide formal recors to suggest otherwise.

After I requested in the middle of a conversation that he ought to think about installing a smoke detector into the apartment, he never did, one violation of many i can only imagine.

That aside, I submitted rent this month (hand delivered, as I have done 5 months in a row to avoid more false claims by him), along with a formal letter explaining this was the last month of rent, that we would not be renewing.

We have found a new place starting 2/1/08 and he was as "nice as pie" when he wished us well. By the time I got home, he had sent me an email and in almost "ha ha" tone, explained I should review our lease, that in fact, our lease ends on 2/28, not the 1st. that we would have to pay him for January, and that feb. is the "last month" rent.

I was pissed, and saw that the lease says [for the term (meaning one year) (1), and ending on] ...then he wrote in the side, [Expires 2/28/08]. Not only is this a contradiction in language in that sentence alone, and not initialed by any of us, but at the bottom of the page, he clearly wrote, 1st month- $2200, Deposit, $2200, and by no later than 2/2/07, $2200 Representing rent for JANUARY 2008 as last months rent, next to this exact staement, we all initialed. He cleverly wrote two different things in on the same page, no doubt directing us to the writing at the bottom, where it makes sense that we would pay most attention, i can only guess to distract us from the other write in above....again, where that part we did not initial.

I wrote him and without vulgarity, and esplained that he knows well and good what he was doing, an obvious attempt to let us think it was the standard one year lease, and if we would commit to another place the following Feb., then would probably have to leave (because you commit when you can on an apt immediately) and he gets a free month of rent as we have to forfiet it.

He reacted like a child, telling me to grow up, and in his email, threatens to call my "father"..haha, and my work! This guy is nuts! He attacks me for not living up to my word, this that, a reallly bizarre rambling.

My question after all of this, is would either you and/or Harry think I have an argument in small claims court; that the lease is at the very least, deceptive and misleading, who ever heard of 13 month lease anyway? In addition, he told me that it was Lorene and I who insisted on the extended month.....that doesn't even make sense! what scumbag Mr. Chiam Katzap ... (throat clear). .

Well, I want to file now, and if the judge says he's right, then we have to honor it, but we would like to get an answer earlier than later. I am quite sure by his behavior that he will totally screw us on our deposit as well, but it'll kill me if he wins, we fulfill, and he still does that. I'll of course be taking pics upon move out, with a witness, and time stamped dates on the pics.

This is the even bigger question, I have been doing lot's of research on NYC tenant rights. It says in our lease that we pay his attorney's fees if in court, we lose (apparently a standard), but not always enforceable in matters such as this. I have no problem dragging his sorry down there and fighting, to but don't want to pay attorney fees if for some reason I get a judge blind to justice. It also appears in my research on the local laws, he is direct violation by refusing to install a fire detector, any building with more than 6 units must have one, and tenant can be charges $10 a year for batteries. Also, as I interpit the law, that by threatening to call my work, may be in violation of harrassment rights....in addition, the law reads (to me), that he can enter the apartment to show prospective tenants, but as he nastily pointed out in one email, they will be doing it "when it's convenient for them"...the law reads they must give a 24 hour notice, in writing, and be at a reasonable hour?

I have to think we have him by you know what, i mean, blatant flip flops in his writing on the lease terms, but what do you think? this is not about us screwing him over, breaking a lease early, or even suing him for $$$, but about what written lease terms are right or wrong! Actually, i can't lie, now it is also about jerking this clown to court as well, but mostly, we want to move out as planned, and have our deposit back.

Sorry to unload this laborious email on you, but looking to everyone for advice.....I should have gone to law school...grrr.

Thanks,

john
Hi John,
There's a well established legal principal that a contract (e.g. a lease) is construed against the drafter. In your case, the landlord is the drafter. Of course, what a judge will actually do is aways an unknown. Usually they go with what they think is fair. Or if they're lazy or overworked, they'll "split the difference."

I agree with Excon on the attorney fees. Attorney fees are usually imposed on the losing party if the suit was frivolous. I also agree that you will have to wait on the suit. Courts don't give advisory opinions (with rare exceptions).

Gene