i recently renovated my apt. my landlord started a lease termination because of it. here's some background. i have a rent stable lease. i ask the land lord to renovate my apt last year and her refused. i asked them to replace my water heater because it was old and wanted it them to move it to the next room for my space in my tiny bathroom and they refused. so renovated the bathroom myself last... [more]
i recently renovated my apt. my landlord started a lease termination because of it. here's some background. i have a rent stable lease. i ask the land lord to renovate my apt last year and her refused. i asked them to replace my water heater because it was old and wanted it them to move it to the next room for my space in my tiny bathroom and they refused. so renovated the bathroom myself last month. i replace the tiles and some dry wall. replace the sink and new tiles on the floor. i then moved the old water heater to the next room. everything was fine but after a couple of days the water heater started leaking. probably from moving it but possibly not cause i was using it fine for a day or 2. anyway the landlord is now starting legal action to terminate my lease for renovating the bathroom without his permission. i didn't even know he can do that he never even sends the rider with the info regarding that stuff with the lease. any info on the matter would be appreciated.
thanks
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Response by PMG
over 15 years ago
Posts: 1322
Member since: Jan 2008
See what I mean about the rent laws, LLs and tenants? Tenants doing their own renovating? They even act like they own the place.
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Response by lizyank
over 15 years ago
Posts: 907
Member since: Oct 2006
Engage a good landlord tenant lawyer ASAP. Making "capital improvements" to an apartment without the landlords permission is grounds for eviction. My parents combined apartments on a handshake with the then landlord in 1959 and were served with an eviction notice by a newer owner based on this in 1991. It was eventually settled in their favor but not after much grief and I assume you don't have the advantage of living there fifty years and being on oxygen support as my father was at the time.
I'm not saying you don't have a case, but you do need a good specialized legal opinion.
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Response by TheOtherBob
over 15 years ago
Posts: 103
Member since: Jul 2009
I'm really sorry to say this, but it sounds like your landlord is likely correct. At the end of the day, he is the owner of the apartment -- so it's up to him to decide whether to renovate and how to do so. I'd suggest contacting an attorney -- the NYC Housing Court's Volunteer Lawyers Program may be a place to start (http://www.nycourts.gov/courts/nyc/housing/vlpselfrep.shtml). If nothing else, they can probably provide a referral.
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Response by TheOtherBob
over 15 years ago
Posts: 103
Member since: Jul 2009
I'm really sorry to say this, but it sounds like your landlord is likely correct. At the end of the day, he is the owner of the apartment -- so it's up to him to decide whether to renovate and how to do so. I'd suggest contacting an attorney -- the NYC Housing Court's Volunteer Lawyers Program may be a place to start (http://www.nycourts.gov/courts/nyc/housing/vlpselfrep.shtml). If nothing else, they can probably provide a referral.
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Response by TheOtherBob
over 15 years ago
Posts: 103
Member since: Jul 2009
(DOH! Sorry about the double-post.)
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Response by CP7
over 15 years ago
Posts: 5
Member since: Jun 2009
-lizyank
is retiling the bathroom a capital improvement?
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Response by joepa
over 15 years ago
Posts: 278
Member since: Mar 2008
Lots of questions here before an opinion can be given. What was the condition of the bathroom beforehand? Was it deteriorating and, thus, a potential breach of the warranty of habitability? Did you make the request for the renovations in writing? Did the water heater leak cause damage? There might be a reason it was in the bathroom and moving that alone could be sufficient to trigger a breach.
Nonetheless - despite any of the foregoing, these breaches are most likely curable and will not result in an eviction. Even if it is determined by a court that these renovations required the landlord's written consent (which is not a given by any means), the court will most likely give you an opportunity to cure and return everything to its prior condition before you are evicted. You can also always cure before a case is commenced (or, assuming it has, before trial) and moot the whole thing. Of course, this is dependent on what your lease says and the nature of the eviction proceeding (i.e. if they are seeking to evict you based on nuisance rather than breach of lease, you may not have an opportunity to cure - but that doesn't sound like the case here).
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Response by romary
over 15 years ago
Posts: 443
Member since: Aug 2008
your tale defines chutzpah in a new, not better way.
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Response by CP7
over 15 years ago
Posts: 5
Member since: Jun 2009
-joepa
the bathroom was in shambles. there was holes in the ceiling. debry would fall into my bathroom when the landlord was renovating the upstairs apt. they move all the water heater to the adjacent room to make more space in the bathroom when they renovate by the way so i don't see any reason why it was in the bathroom. the renovate all vacant apt so they can bring it up to open market rate. the reason here is that they want to evict me so they can demolish the apt and make it free market. there was exposed pipes and holes in the floor where mice would crawl in. i ask for the renovation in writing and was going to except the rent increase and they refused. the landlord claims the water heater caused damage to the downstairs apt and the wiring for the building downstairs.
thanks
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Response by alanhart
over 15 years ago
Posts: 12397
Member since: Feb 2007
It sounds like the leak that affected the apartment below yours actually came from the apartment ABOVE yours, which your landlord renovated sloppily and without all the proper permits.
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Response by joepa
over 15 years ago
Posts: 278
Member since: Mar 2008
Based upon your take - it sounds like the renovations were more in the way of necessary repairs than alterations which would require the landlord's consent. Of course, I am not privy to exactly what was done and what it looked like before. There is never a guarantee, but I would think that a judge would be hard pressed to evict you where you made necessary upgrades/repairs to a bathroom at your cost, which improved the conditions in the apartment, and only after you informed the landlord about the conditions in the bathroom and the landlord refused to correct. Of course, the landlord may have a different take on this and the damage caused by the relocation of the water heater may be a whole different issue. Again, ultimately, even if these are breaches - they sound curable. Get a lawyer.
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Response by hofo
over 15 years ago
Posts: 453
Member since: Sep 2008
I hope you have at least documented your communications to your landlord about the poor condition and pictures to back it up.
See what I mean about the rent laws, LLs and tenants? Tenants doing their own renovating? They even act like they own the place.
Engage a good landlord tenant lawyer ASAP. Making "capital improvements" to an apartment without the landlords permission is grounds for eviction. My parents combined apartments on a handshake with the then landlord in 1959 and were served with an eviction notice by a newer owner based on this in 1991. It was eventually settled in their favor but not after much grief and I assume you don't have the advantage of living there fifty years and being on oxygen support as my father was at the time.
I'm not saying you don't have a case, but you do need a good specialized legal opinion.
I'm really sorry to say this, but it sounds like your landlord is likely correct. At the end of the day, he is the owner of the apartment -- so it's up to him to decide whether to renovate and how to do so. I'd suggest contacting an attorney -- the NYC Housing Court's Volunteer Lawyers Program may be a place to start (http://www.nycourts.gov/courts/nyc/housing/vlpselfrep.shtml). If nothing else, they can probably provide a referral.
I'm really sorry to say this, but it sounds like your landlord is likely correct. At the end of the day, he is the owner of the apartment -- so it's up to him to decide whether to renovate and how to do so. I'd suggest contacting an attorney -- the NYC Housing Court's Volunteer Lawyers Program may be a place to start (http://www.nycourts.gov/courts/nyc/housing/vlpselfrep.shtml). If nothing else, they can probably provide a referral.
(DOH! Sorry about the double-post.)
-lizyank
is retiling the bathroom a capital improvement?
Lots of questions here before an opinion can be given. What was the condition of the bathroom beforehand? Was it deteriorating and, thus, a potential breach of the warranty of habitability? Did you make the request for the renovations in writing? Did the water heater leak cause damage? There might be a reason it was in the bathroom and moving that alone could be sufficient to trigger a breach.
Nonetheless - despite any of the foregoing, these breaches are most likely curable and will not result in an eviction. Even if it is determined by a court that these renovations required the landlord's written consent (which is not a given by any means), the court will most likely give you an opportunity to cure and return everything to its prior condition before you are evicted. You can also always cure before a case is commenced (or, assuming it has, before trial) and moot the whole thing. Of course, this is dependent on what your lease says and the nature of the eviction proceeding (i.e. if they are seeking to evict you based on nuisance rather than breach of lease, you may not have an opportunity to cure - but that doesn't sound like the case here).
your tale defines chutzpah in a new, not better way.
-joepa
the bathroom was in shambles. there was holes in the ceiling. debry would fall into my bathroom when the landlord was renovating the upstairs apt. they move all the water heater to the adjacent room to make more space in the bathroom when they renovate by the way so i don't see any reason why it was in the bathroom. the renovate all vacant apt so they can bring it up to open market rate. the reason here is that they want to evict me so they can demolish the apt and make it free market. there was exposed pipes and holes in the floor where mice would crawl in. i ask for the renovation in writing and was going to except the rent increase and they refused. the landlord claims the water heater caused damage to the downstairs apt and the wiring for the building downstairs.
thanks
It sounds like the leak that affected the apartment below yours actually came from the apartment ABOVE yours, which your landlord renovated sloppily and without all the proper permits.
Based upon your take - it sounds like the renovations were more in the way of necessary repairs than alterations which would require the landlord's consent. Of course, I am not privy to exactly what was done and what it looked like before. There is never a guarantee, but I would think that a judge would be hard pressed to evict you where you made necessary upgrades/repairs to a bathroom at your cost, which improved the conditions in the apartment, and only after you informed the landlord about the conditions in the bathroom and the landlord refused to correct. Of course, the landlord may have a different take on this and the damage caused by the relocation of the water heater may be a whole different issue. Again, ultimately, even if these are breaches - they sound curable. Get a lawyer.
I hope you have at least documented your communications to your landlord about the poor condition and pictures to back it up.
Keep us updated.