Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Real Estate Law (https://www.askmehelpdesk.com/forumdisplay.php?f=29)
-   -   Does a NYC landlord have a right to disable my key card, with no notice? (https://www.askmehelpdesk.com/showthread.php?t=490832)

  • Jul 22, 2010, 11:39 AM
    ElizabethNYC
    Does a NYC landlord have a right to disable my key card, with no notice?
    I rented my apartment out while out of town. While I was gone, my landlord disabled my key card for "security" reasons, with no notice, because they saw people that did not belong there and it was a security risk. I now have to go to court to have my key card respored. On top of that, I now have a problem with the person I subletted to, they had to quickly move because of the lask of access.

    They have done this to others too. I understand their situation, no wanting sublets, but no notice even?
  • Jul 22, 2010, 02:50 PM
    twinkiedooter

    Is the no subletting clause in your signed lease anywhere?
  • Jul 22, 2010, 02:59 PM
    ElizabethNYC

    I am subletting, no lease and nothing in the sublet agreement about it. But even if there were, would they not have to give notice first?
  • Jul 22, 2010, 04:24 PM
    Just_Another_Lemming
    Quote:

    Originally Posted by ElizabethNYC View Post
    I am subletting, no lease and nothing in the sublet agreement about it. But even if there were, would they not have to give notice first?

    Not necessarily. Did you get his/her approval to sublet, or even tell them you were subletting YOUR sublet and give him/her the names of the people? Did you give the landlord information as to how to contact you while you were away? If you never said anything and just rented out the apartment, the landlord is under no obligation to give you notice for cancelling the card key. The landlord has an obligation to keep that building secure for his/her tenants and has every right to cancel a card if a stranger has gained access to the bulding. If the landlord did give you approval for the re-subletting and you don't have it in writing, or have a copy of the original lease which outlines the subletting "rules", you don't have much recourse here.

    If you have the landlord's permission to do a secondary sublet AND it is in writing, then he should have given you notice and you might have some recourse. Especially if you left the LL your contact info while you were out of town. But, if you never told him how to reach you, how is he expected to give you notice?
  • Jul 22, 2010, 05:27 PM
    ElizabethNYC

    It should be interesting to see what the judge says. This particular property has a reputation for doing some underhanded things in the past.
  • Jul 22, 2010, 08:08 PM
    Fr_Chuck

    If they were doing it for reasons of security ( afraid your card was stolen)
    If they did this after you gave then notice of you renting it out, then it would be different, since they had no idea who was coming and going, I see a defense for them
  • Jul 23, 2010, 07:07 AM
    excon
    Quote:

    Originally Posted by ElizabethNYC View Post
    It should be interesting to see what the judge says.

    Hello E:

    Please tell us what you sued him for? How do you get in, if you have to go to court to get your card back?

    excon

  • All times are GMT -7. The time now is 03:58 PM.