Landlord Tenant

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quuen

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My grandmother rents an apartment in Queens, Ny. She has lived in this apartment for over 22 years. She has never had any problems in the building. Recently a search warrant was issued for a young man that often visited her apt. Apparently they found some illegal prescription pills in the apartment which he claimed were his. He was arrested outside the apartment at the bank. My grandmother received paperwork from the landlord's office to vacate the premises due to termination of tenancy. We have now received a court apperance paperwork. My grandmother had no knowledge as to what this young man was up to. From my understanding the law states that any apartment involved with drugs the landlord can evict. My grandmother had nothing to do with the search warrant it was the young man's name on it. My grandmother is the only one whose name is on the lease. When we received the first papers to vacate they stated the reason for termination was due to an arrest in the apartment but no one was arrested in the apartment or building or anywhere close by. My question is this do they really have the right to evict my grandmother who is 74 and sick and has never caused a problem and always paid her rent on time? And also if they are claiming they are doing this because someone was arrested in the apartment can we then have the suit dropped since this is in fact not true? Also do you think we should get a lawyer instead of trying to fight this ourselves? Do you think our case is strong?
 
I would suspect either of two things: (a) the rent your grandmother pays for her apartment is low or below market value (rent control/stabilization units are always prime targets in NYC!) or (b) there are more things that happened than just "visits" which you were not told about. With regard to the papers, you need to identify the specific basis and justification for your grandmother's alleged breach of the covenants of the lease, which is what I am assuming is the landlord's basis for the eviction.

While I'd like to help more and tell you that the facts you convey indicate a strong likelihood of success for your grandmother, you are not objective and haven't given me nearly sufficient information to review in order to make an unofficial guestimate with any amount of certainty! You may want/need to contact an attorney or someone knowledgeable to review the summons and paperwork.

Your grandmother may have access to an advocate or a free law association. I served for a year with the St. Vincent DePaul Elder Law Clinic at St. John's University and, to my knowledge, it still exists to service the needs of indigent, elderly citizens of Queens county with free legal services. The telephone number there was (718) 990-6161 for the law school and they can connect you directly to the clinic. If you would like me to intervene, feel free to mail me here.

If she does not qualify as an indigent, someone who has limited funds, feel free to contact me as well. We have some very experienced, low cost landlord-tenant specialists who may be able to provide some guidance and potential representation. Again, should you wish this, feel free to mail me.
 
Just wanted to let you know what happened with the case. The DA that brought the case on was a very nice man and after speaking to him on several occasions we came to an agreement to let me move in with my grandmother to insure that nothing like what happened would happen again and we are under a probationary period until the lease ends in January 2003, at which point if there have been no complaints or problems the lease will be renewed. I had worried that talking to the DA might hurt the case but he was very understanding and all. The buildings lawyer seemed to agree to whatever the DA was saying and we were able to keep the apartment due to him. The only other thing is that the gentleman that had caused these problems for us is not allowed nowhere near this building or apartment.
 
Ive keep forgetting to ask this question. During the search with the warrant, they busted the door down. Since then the door has been held together with a few screws really poorly. The building is holding us responsible to replace the door at a cost of $500, its supposed to be a fire proof door. Neither I, nor my grandmother have $500 to throw out the window or should i say throw out the door like that.
Is there anyway to get the building to replace the door. Its posing a potential fire hazard and security issue. If there is a fire, smoke and fire will come thru the door because there is free space at the bottom, top, and sides. Also if you put a tad bit of weight on the door it will come open with ease. Ive recently written a letter to the fire commisioner hoping if they deem the door a fire hazard the building will be forced to change it.
 
If the warrant was valid and it was enforced at your grandmother's residence because of a person she was housing at her residence... you can guess who would logically be responsible. If the building replaces the door, and they might have to, they may tack on the cost of the door to you. Regardless, you will likely be stuck with the bill.
 
Under "Warranty of Habitablity" it states as follows, Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law ß235-b)

My grandmother did not knock the door down nor did she allow for it to be knocked down. I do understand that since the police had a warrant that they can do whatever they want. But this is an old lady who has not been able to stay at her apartment for fear that someone will break in as well as she does not have the resources to fix the door. The police were looking for someone that "supposedly" resided on the premises, however was not found on the premises and in fact was arrested about 15 miles from the actual building.
 
The door still seems to work and might not be covered under the warranty of habitability in this instance. Regardless, that doesn't mean that if the tenant causes the problem the tenant gets off free and clear. It wouldn't make sense if a tenant grew mold in an apartment and then compelled the landlord to hire someone to remove the mold and stick the landlord with the bill. In this instance, I'm sure the landlord will fix the door provided your grandmother pays for it. In fact, it is likely that somewhere in the lease the necessity to pay for the door will be considered additional rent and failure to pay for it is considered a breach of the lease, as though the rent was not paid and would subject the tenant to potential eviction.
 
Thought an update might be in order. I contacted the local fire department and told them that the door was not "fire proof". They issued the management company a warning that it was to be replaced immediately or they would be issued a fine for every day that it wasnt. I have a new door, and the management company has decided to leave my grandma alone and not stick her with the bill......:D
 
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