Landlord trying to evict us. Has verbal commitment with sublessor

[Flowetic]

What is the name of your state (only U.S. law)? Brooklyn, NY.

So my girlfriend and I have been living here since May 2013. We signed a sublet agreement to stay until April 2014. Only my name was on it, we signed a new one this week with my Girlfriends on it just for protection. We did not get a copy of the original lease. We now know there is no "original lease" only a verbal agreement between the landlord and the sublessor

So first off the Landlord comes in every weekend, unannounced, and harrasses us by knocking on our door very early in the morning to complain about different things. Usually the bikes we leave in the common area. We came home last week to find our bikes taken from the common area and thrown outside on the stoop where they could have been stolen. He has no right to enter our house and move our stuff, especially outside where it can be stolen. He has done this on multiple occasions Now we have 3 people who live in other rooms on our floor and we all share a kitchen. The sublessor lives on the top floor with his own kitchen. Our roommates make a mess out of our kitchen and pretend they didn't do it. The landlord has told the sublessor, who has told me, that he is thinking about evicting the whole floor if the kitchen isn't clean because it violates the lease. But there is no lease just a written agreement.

Can he do this to us? Do we have any rights to fight this if it happens?

Also our oven still doesn't work, and our bathroom floor's tiles are coming off, and the handle to turn on the shower constantly falls off. Our door is made of plywood and is easily knocked off. I do not know what up to code means, but this place is very "sketchy". Could anyone give me some insight into what is "up to code"

We really don't want to stay in this situation if we don't have to. But if he tries to evict us or continues to harrass us until we find a place. We'd like to know how to protect ourselfs and even withold rent if that is possible so we don't have to live on the streets.

 

[Gail in Georgia]

Attached are the steps to address needed repairs in a rental unit in New York:

Pay particular attention if you are seriously considering withholding rent. Doing so could lead you much closer to that eviction you are worried about:

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Disclaimer: By providing answers to frequently asked questions, the staff of the Rent Guidelines Board attempts to clarify the often complex programs and regulations governing landlord tenant relations in NYC. However, the information provided herein does not represent official policies or opinions of the City of New York or the Rent Guidelines Board nor should this information be used to substitute for advice of legal counsel.

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What steps do I have to take to get my landlord to make repairs?

Under a provision of state law called the "Warranty of Habitability," tenants are entitled to an apartment fit for human habitation without any conditions endangering or detrimental to their life, health, or safety.

Consequently, all tenants, regardless of rent regulation status, are eligible to seek repairs and rent abatements for violations of this Warranty of Habitability. Note, however that your landlord may not be responsible for the COST of repairs if the defects were due to your negligence or the negligence or abuse of someone else in your household. Regardless of whether the landlord or the tenant is ultimately liable for the cost of a repair or maintenance defect, the owner is obligated to keep the premises in good repair.

If your apartment has defects and needs repairs, we generally advise renters to follow the following steps, IN ORDER:
• Contact your super about the needed repair.
• If your superintendent or management company is not being responsive, and the repair has not been made in a timely manner, write a letter to the owner of the building detailing the problem and asking for the repair to be made by a certain date. If the super is simply lax about making repairs, this type of "prompt" to the owner may elicit action. Send the letter by certified mail (read your lease and be sure to follow the requirements for "notices" set forth in the lease) and keep a copy in your files.
• If the letter does not bring a response, try to contact the owner in person or by phone. Let him know that resolving the problem is important and that if it is not resolved you will have to file a complaint with the authorities.

If the owner still does not respond you can do any (or a combination of) the following:
• Ask the NYC Department of Housing Preservation & Development (HPD) for a housing inspection. HPD can order the landlord to make repairs and/or fine the landlord. A word of warning, however -- this process may take time unless the problem is urgent such as a loss of heat or hot water. Such problems receive a higher priority from HPD.
• Make the needed repair yourself (or hire someone to do it) and deduct the cost from your rent. Be CERTAIN that the expense was necessary to correct a violation of the City's Housing Maintenance Code. Also, be careful to get bids for the work and to document both the needed repair and the costs. Bear in mind that this may result in litigation for non-payment of rent. You will need to justify your withholding. Before you take this approach it is wise to consult legal counsel.
• If your apartment is rent-stabilized, file a complaint for a decrease in service with the NYS Division of Housing and Community Renewal, the agency which administers the rent laws. More information is available in this fact sheet.
• In the case of maintenance problems that are severe, you should consider filing an HP Action in Housing Court. For more information on housing court in New York City, see our two resources on housing court here and here.


Recent repairs were not sufficient - what can I do?

There are a number of things you can do, assuming that you don't want to throw in the towel and move. Try these things in the order listed:
1. Write a letter to the landlord describing all the repairs that need to be made. Be sure to say that you have made many requests in the past and nothing has been done. Ask him to correct the problems immediately. Check your lease to ensure that the letter is sent in accordance with the notice provisions in your lease - usually by certified mail.


2. If the landlord does not make the repairs in a reasonable amount of time, you can do one or more of the following:

First, you can call the NY City Department of Housing Preservation & Development and ask for a housing inspection.

Second, for items that you can repair (or have a handyman repair) you can get these things fixed and deduct the amount from the rent. Make sure the charges are reasonable and that you keep receipts. This may prompt a court action by your landlord so you may want to consult with an attorney before taking this course.

Third, for items you can do nothing about (e.g. the heat) you could file an action in housing court called an "HP" action in housing court, basically asking the court to get involved and force the landlord to make repairs. These proceedings are fairly simple and are often filed without a lawyer. It is always better, of course, to have a lawyer. For more information on housing court in New York City, see our two resources on housing court here and here.


3. Simply withholding some or all of your rent may prompt a corrective action. This, however, is a risky strategy. We would not advise withholding rent until you have exhausted other remedies. If you withhold rent there is no guarantee that the problems you have will be remedied. In addition, withholding rent may simply make things more difficult with the landlord and land you in housing court, if the landlord decides to file an eviction action. If you are not successful in justifying your decision to withhold rent and your lease has an "attorneys fees" clause, you may be forced to pay your landlord’s legal expenses. In any case, you should know that it is rare for a warranty of habitability claim to result in a 100% rent abatement. If you withhold rent, consider withholding only a part of the rent commensurate with the severity of the problem. For example, for a lack of hot water, you may want to only withhold only 20% of the rent. This will help ensure that you are more likely to prevail on the merits in a non-payment proceeding. If you prevail, you may be entitled to your attorneys fees. Before you withhold rent, it is strongly advised that you consult with a lawyer.



Gail