[jenel9]

Hi.. love this site! My landlord did not give me the 2nd page of my lease when I signed it so I thought I was signing another lease .When I had problems he started talking about "its in the lease" and I thought he was making it up but I found that my lease was 1st page numbered 1-7 and the 2nd page 19- 27 any way I never signed or initialed the 2nd page and now the sleaze bag brought me the missing page telling me he can show my apt. when he hasn't evicted me yet and people are in my house when I'm not here w/ him. I live in the state of N.Y. Is it legal what he's doing ? And how do I prove that I never got the 2nd page?

Thank you in advance

Single mom and 2 kids

[scri8e]

Define "When I had problems"

What kind of problems?
Non-payment of rent perhaps?

Did you some how happen to Lose that 2'nd page of 7. I think the land lord has a much better chance of proving he gave you all of the 7
pages. If it was generated on a PC it's on his hard drive.

jenel9 wrote:
he started talking about "its in the lease" and I thought he was making it up but I found that my lease was 1st page numbered 1-7 and the 2nd page 19- 27 any way I never signed or initialed the 2nd page


You signed the rental agreement correct?
By law every page of a agreement does not have to be signed or initialed. It needs to be only signed one time.



jenel9 wrote:
"and now the sleaze bag brought me the missing page telling me he can show my apt. when he hasn't evicted me yet and people are in my house when I'm not here w/ him. I live in the state of N.Y. Is it legal what hes doing ? And how do I prove that I never got the 2nd page?"


Are you in a rent control area of N.Y. If so you do have some additional rights in a eviction case that NON-Rent control tenants have. Contact your local housing authority if you ARE in a rent control area for more information.


EITHER way if you have not paid your rent as agreed. YES the landlord has the RIGHT to show the property meaning your apartment to other possible tenants. You must understand that renting these apartments is this Landlord income. They cannot become a charity org. Landlords have bills too. Much BIGGER bill$, and very demanding lenders that do not play nice when a landlord can't make meet their $ commitments.

The Landlord has the RIGHT to make x amount of money for renting out their apartments. If you were paying for your apartment as agreed you would have the RIGHT to quiet enjoyment of your home. You gave up that right when you stopped paying your rent. It's nothing personal. It's a business. =shrug=

.

[excon]

Landlords have bills too. Much BIGGER bill$, and very demanding lenders that do not play nice when a landlord can't make meet their $ commitments.

The Landlord has the RIGHT to make x amount of money for renting out their apartments. If you were paying for your apartment as agreed you would have the RIGHT to quiet enjoyment of your home. You gave up that right when you stopped paying your rent. It's nothing personal. It's a business. =shrug=

Hello jenel:

The landlord is not entitled to a nickel unless he EARNS it. HIS bills are not your concern.

He must give you reasonable notice before entering your apartment, unless there is an emergency. Write him a letter and send it certified, return receipt requested. Tell him NY landlord tenant law superceded his lease. NY landlord tenant law requires “reasonable” notice. Tell him you deem reasonable to be 48 hours. Tell him, beyond that, if he's showing the apartment, he must do it during the day, and not on weekends.

So, it doesn't matter whether you got the 2nd page or not.

excon

[scri8e]

Here are the laws for the state of New York.




RIGHT TO PRIVACY
Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable television facilities. (Public Service Law §228) .



EVICTION
Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission. (Real Property Actions Proceedings Law ("RPAPL") § 711)
To evict a tenant, a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL §749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law §235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture.
A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL §713, §853)
It is wise to consult an attorney to protect your legal rights if your landlord seeks possession of your apartment. Never ignore legal papers.

...
My Comments

Be aware that a rental agreement is a legal document. It is a binding contract which both parties have signed. A landlord can further define details of the agreement in this legal contract. (see Right to privacy (b) and (c) quoted again below) Without reading the agreement between this Tenant and her LandLord we have no way of knowing if she agreed in writing that the LL has the right to show the dwelling to potental tenants at any reasonable time. No a LL cannot re-invent the law using a rental agreement as their tool. You are correct about the notice.

Standard notice of entry is 24 hours as defined in California LL/ Tenant law. It is not defined by amount of hours as in 24/48/36 in New York LL/ Tenant law. It could be defined in the rental agreement though, which we have no way of knowing what that states.

(b) and (c)
A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants.

Excon writes:
The landlord is not entitled to a nickel unless he EARNS it.


The LL has EARNED his/her entitled nickels by providing the dwelling that the tenant is living in. They have provided what they agreed to provide by a legal contract. That contract
is the rental agreement.


Excon writes: HIS bills are not your concern.


True! same goes for the Tenant. Neither are the Tenants $ money problems the LL's concern. She is legally committed to uphold her end of the contract/rental agreement as Paid as agreed. =IF= she has not been paying her rent? Since we don't know what the facts truly are, she did not include them / has not responded.
Personally I DON'T show a unit to other possible tenants when it is a eviction case and I do not have possession as in the old tenant is out with the sheriff notice posted in/on the dwelling. I have had only 2 evictions in 10 years thankfully. I will show a unit to other possible tenants if the current tenant has given their 30 day notice to vacate. That is part of MY rental agreement. It is stated again in the 30 day notice to vacate blank form and again on the move out letter. I DO make appointments to show the dwelling 48 hours after I talk with the applicant. I usually will notify the current tenant that I will be showing the dwelling on such and such a date from the hours of blah and blah. Like the next Wednesday and Saturday from noon to 7 pm. Works out better for all concerned.