Retaliatory Eviction Retaliatory Eviction

[THESPECTRE]

Need advice & a good attorney:

Month-to-month tenancy.

9/10/03 Notified of rent increase effective 10/1/03.

Sent landlord copy of NYS property law regarding 30 day minimum notice of rent increase. Landlord backed down. Got new notice of rent increase effective 11/1/03.

10/5/03 New tenant moves in on 2nd floor--share common front door and hallway.

10/15/03 Excessive, constant noise and chaos from new tenant and unsupervised minor children continues for 10 days. Notify landlord (in writing ) of breach of Warranty of Habitability & Quiet Enjoyment of the Premises with specific dates & times.
Demand that matter be immediately & permanently rectified or I will be forced to take legal action to protect my rights.

11/1/03 Send 2nd letter with rent check that matter not rectified with additional specifics. Again, ask that violation of my rights be permanently rectified or I'll be forced to litigate.

10/27/03 Start SharedMeter Investigation for Gas & Electric with LIPA. Scheduled for11/14/03.Landlord notified in writing by LIPA on 11/6/03.

11/8/03 Receive letter dated 11/7/03 allegedly from landlord's attorney telling me to get out by 12/31/03 or face eviction under NYS RAPL Article 7. Letter is cc'd to attorney, signed by landlord but sent in attorney's envelope with attorney's return address.

Is this truly legal notification?

10/31/03 2:35am Bottle heavedthrough window breaking 3 storms & inside glass. Landlord, regarding 10/15/03 letter, says not to worry, he's not angry & he's not throwing me out.

 

[Michael Wechsler]

Originally posted by THESPECTRE
Need advice & a good attorney:

Month-to-month tenancy.

9/10/03 Notified of rent increase effective 10/1/03.

Sent landlord copy of NYS property law regarding 30 day minimum notice of rent increase. Landlord backed down. Got new notice of rent increase effective 11/1/03.

10/5/03 New tenant moves in on 2nd floor--share common front door and hallway.

10/15/03 Excessive, constant noise and chaos from new tenant and unsupervised minor children continues for 10 days. Notify landlord (in writing ) of breach of Warranty of Habitability & Quiet Enjoyment of the Premises with specific dates & times.
Demand that matter be immediately & permanently rectified or I will be forced to take legal action to protect my rights.

11/1/03 Send 2nd letter with rent check that matter not rectified with additional specifics. Again, ask that violation of my rights be permanently rectified or I'll be forced to litigate.

10/27/03 Start SharedMeter Investigation for Gas & Electric with LIPA. Scheduled for11/14/03.Landlord notified in writing by LIPA on 11/6/03.

11/8/03 Receive letter dated 11/7/03 allegedly from landlord's attorney telling me to get out by 12/31/03 or face eviction under NYS RAPL Article 7. Letter is cc'd to attorney, signed by landlord but sent in attorney's envelope with attorney's return address.

Is this truly legal notification?

10/31/03 2:35am Bottle heavedthrough window breaking 3 storms & inside glass. Landlord, regarding 10/15/03 letter, says not to worry, he's not angry & he's not throwing me out.

Hmmm.... well, not sure why you need an attorney yet since it seems you really know how to handle yourself. I'm very impressed!!! The only problem you do have is that you have a month to month tenancy and your rights are limited unless you have other protections such as rent stabilization. Without it, he can give you a 30 day notice at any time... so it would seem.