Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4, UPDATE 4/9 at bottom

We rent a house on Staten Island. We have a lease that is up on June 1st, 2007. Starting in February, DH has been receiving phone calls on his cell phone from different brokers telling him that our landlords want to sell the house and when can they come show it.

When the landlord came by for the rent on March 1st, he basically took our check and ran out of the door (like, literally, DH and I stood there like "WAIT, we have a question")

So, DH has two MORE brokers call him and he basically says "Ok, but my landlord hasn't addressed this with me, and I am not comfortable just showing the house without speaking to him first"

Then, on Friday, we come home and there is a For Sale sign in front of the house, so DH tries to call the landlord. Then on Saturday morning, we are leaving to go out to breakfast and a broker runs up to DH and says to him "Can I show the house? I have a doctor coming" and DH was like "I have no idea, I haven't spoken to my landlord" the broker says "You haven't? He says you are moving out in May"

DH has been calling the landlord since Saturday and hasn't heard anything, and further more, I am 9 months pregnant, and not in ANY condition to move in May.

So, what do we do? Are we supposed to show the house? Is this normal? Of course it is their house and they have every right to sell it, but what are our rights until June 1st?

Our lease is just a standard Blumberg lease.

ETA: Of course I would move out June 1st, but I meant I can't really be moving May 1st, which is when he is telling people we are supposed to be out by.

UPDATE 4/4: So, first of all, THANK YOU to everyone for their encouragement and kind words and help. Secondly, we checked our lease and they are allowed to show it, but they have to give us reasonable notice.

So, while DH was at work, the landlord left him a nasty message on his cell phone saying that it is his house and he can show it whenever he wants to, we can't do anything about it. DH comes home from work and a little while later while I am in the shower and he is on the phone, the doorbell rings, neither of us can get to it (rang once, we didn't see who it was) then DH gets an even NASTIER message on his cell phone (the LL doesn't call, he sends the message through his voicemail to DH's voicemail, mature, right?) that he can do whatever he wants and that it is HIS HOUSE and we HAVE to let the broker in. So, DH and I start talking about when we can let the broker in, what days are good, as I am 9 months pregnant and DH doesn't work usual 9-5, M-F hours and in the FIVE MINUTES that we are talking, we both get TEXT MESSAGES on our cell phones saying he is going to housing court this morning to have us evicted and that we brought this on ourselves

We NEVER said he couldn't show the house, we never even SPOKE to him, probably 3 hours had gone by all total since when he called DH to when we got the texts, after DH has been calling him for TWO MONTHS trying to figure out what is going on. ***?

I just don't know what we should do anymore....my SMIL says to just ignore it, we are paid up on rent and he can't evict us, but I just don't need this stress, I was just put on bedrest yesterday and now I am nervous that people are just going to walk into the house while I am here

Message edited 4/9/2007 11:26:06 AM.

Re: Issues and Questions for Renters/or Landlords LONG

HOLY $H!T!!!!
I have no advice...I truly hope someone on here does.
I'm so sorry you're going through this...he's HORRIBLE!

Re: Issues and Questions for Renters/or Landlords LONG

OMG, that's a horrible situation your landlord has put you in. I'm not sure what to do, but def. keep us posted!

Re: Issues and Questions for Renters/or Landlords LONG

I can't believe that 1, he never told you and 2, he's avoiding you, that's horrible!!! It's so wrong of him to not mention it to you and give out your contact info to brokers so they can show the house.

Sorry, I don't have any advice but

Re: Issues and Questions for Renters/or Landlords LONG

If he is avoiding you and not answering you I would do the same. he can start eviction proceedings and that could take 3-6 months. Good luck to him. Keep denying the brokers until you hear from him. Eventually it will get back to him and he will wonder why no one has come to see the house. It sounds like the landlord has some issues and cannot come to you. Stay put and start looking for another place.

Is it a legal apt?

Re: Issues and Questions for Renters/or Landlords LONG

this might help

NY tenants rights

it says this in the evitciton section

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)

Message edited 4/2/2007 12:27:03 PM.

Re: Issues and Questions for Renters/or Landlords LONG

Read your lease carefully and see what it says about showing the premises toward the end of your lease. MOST will say that within 30-60 days of lease termination, they should have the right to show it to potential lessees. See if it says anything about selling the house. If it says nothing that would mean you HAVE to allow people to show the house NOW, then refuse the broker entry until you talk to your landlord.

In the meantime (and I mean IMMEDIATELY), send a letter, RETURN RECEIPT REQUESTED to your landlord (or any other way you can assure that it was received). The letter should state EXACTLY what has happened and also state: "Our written lease agreement contains no provision governing showing the home to potential buyers this far out from the termination of the lease. We request that you contact us as your earliest convenience to discuss this situation and to create a mutually beneficial arrangement. We have heard nothing from you regarding the sale of the home and have no way of knowing whether these brokers are legitimate. As such, for safety reasons, we will not allow strangers to access the home under the guise of being your real estate broker unless and until you address this issue with us personally over the phone or in person."

Message edited 4/2/2007 12:25:19 PM.

Re: Issues and Questions for Renters/or Landlords LONG

Find your lease and see what it says about showings due to sale of the property. Also check to see if there is a clause re: number of days notice for eviction.

I am a landlord and my leases note that I can always show the property to prospective tenants or buyers on my own or through my agent/realtor. I try to give at least 48 hours notice but I am not required to do so.

As for eviction, if a buyer wants the house delivered vacant then I have to give my tenants 60 days notice. Not all buyers will want a vacant house. If you have been good tenants they may want to keep you to supplement the mortgage if your rent does not cover the mortgage payment.

It is just common courtesy to give the tenants notice about selling when realtors will be calling the tenants and since the for sale sign is in the yard Your LL is acting VERY strange

I would confront him/her via a phone call and a letter. Since the for sale sign is in the yard it's pretty obvious that they are selling but you need to know if you are expected to vacate

Message edited 4/2/2007 4:39:51 PM.

Re: Issues and Questions for Renters/or Landlords LONG

Message edited 4/2/2007 4:58:24 PM.

Re: Issues and Questions for Renters/or Landlords LONG

By the way, I knew when I wrote the excerpt for the letter that the landlord knows the house is being sold. HOWEVER, if a tenant has no notice from the landlord, what are they to think?! I wouldn't let a stranger into my apartment if he said the landlord is selling and he wants to show it.

The landlord would have to inform me of this ahead of time.

Reasonable notice is required (and likely written into your lease that the landlord will give reasonable notice prior to entry).

Read your lease carefully to see what it says. Many leases do not contain sale clauses, unfortunately... but if your landlord used a good lawyer or has experience, then there is likely a sale clause in there!

Message edited 4/2/2007 4:48:39 PM.

Re: Issues and Questions for Renters/or Landlords LONG

I am home now and just pulled out the lease.

The lease does not require reasonable notice. I can enter my house whenever I want to. When possible, I give 48 hours notice per my lease.

If I do not give notice prior to entry the lease requires that within 24 hours AFTER entry that I will let the tenants know who was in the house/apartment and why.

The sales clause notes that I can transfer the security deposit to the new owner. It also notes that tenants get 60 days notice of termination and tenant is not entitled to any damages. I have not seen the Blumberg form leases but would guess they have similar clauses

If there is no sales clause or clause re: showings, you should ask the LL for something in writing and note your preferred days & times for showings. You do not want agents calling you at all times of the day and night (and many will be last minute) to show the house. I'm not sure if you work outside the home or have kids but you may not want interruptions every day.

Message edited 4/2/2007 6:40:49 PM.

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4

BUMP for new update

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4

This is definitely the LAST thing you need. I can't see how he could get anywhere with the eviction being you're paid up and are willing to show the apt/house. He's no doubt just blowing smoke.
I completely understand how stressful it is regardless of what "power" he may have. Try your hardest to stay calm...you need to take care of your baby and you.

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4

Sorry I can't be of more help. I do know that once an eviction is filed or once the landlord has proof that he has notified you (via return receipt) in writing you have 3 months to vacate.

Good Luck, I'm sorry you are dealing with all this!

ETA: He can't kick you out before your lease is up. After your lease is up it is considered a month to month lease.

If he evicts you in April you will need to be out in July.

Message edited 4/4/2007 9:30:38 AM.

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4

The first thing I would do is change the lock. If he has a key, he may take it upon himself to just walk in, which, by the way, is illegal. The second thing I would do is decide when it will be convenient for you to have the house shown and tell him. Since he likes text messages, tell him that way and then send him a certified letter verifying what you told him. The third thing I would do is tell him that you are on bedrest because of the stress of this situation and that his manner of handling this has put yours and your baby's health in jeopardy. Again, put this in a letter.

He can threaten eviction all he wants. He doesn't have grounds. However, after your lease is up, you become a month-to-month tenant. If you are still there after that time, all he needs to give you is a 30-day notice to leave (you, also, have the same option). He can begin eviction proceedings, but, this a long process and will cost him considerably. He's using scare tactics and he doesn't seem particularly smart.
Hopefully, this can come to some sensible conclusion, but, with this bonehead, it doesn't seem likely.

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4

SAVE THE TEXT AND VOICE MESSAGES and get yourself to a lawyer's office IMMEDIATELY. I'm serious - call a lawyer TODAY.

DO NOT change the lock, as you have no right to do so.

Secure ALL of your valuable personal possessions elsewhere - preferably in a safe deposit box in the event he shows the home while you are not there. This is to protect your belongings from any strangers he's showing the house to.

Go talk to a good lawyer.

***Just because he may lose an eviction action b/c he may not have grounds does not mean he will not file an eviction action. Lawsuits are expensive to defend even if you win. You need to stop this NOW. Get a lawyer involved immediately.

Message edited 4/4/2007 11:50:27 AM.

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4

Posted by MrsT

I am home now and just pulled out the lease.

The lease does not require reasonable notice. I can enter my house whenever I want to. When possible, I give 48 hours notice per my lease.

If I do not give notice prior to entry the lease requires that within 24 hours AFTER entry that I will let the tenants know who was in the house/apartment and why.

The sales clause notes that I can transfer the security deposit to the new owner. It also notes that tenants get 60 days notice of termination and tenant is not entitled to any damages. I have not seen the Blumberg form leases but would guess they have similar clauses

If there is no sales clause or clause re: showings, you should ask the LL for something in writing and note your preferred days & times for showings. You do not want agents calling you at all times of the day and night (and many will be last minute) to show the house. I'm not sure if you work outside the home or have kids but you may not want interruptions every day.

Message edited 4/4/2007 11:49:45 AM.

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4

I would visit a lawyer also. Don't worry about being evicted right away. You are in NYC, and even if you don't have a lease, you have some rights if you have lived in a place for a certain amount of time and have mail delivered there. Even if he is successful, an eviction takes a few months usually.

What an azzz, he could have made it much easier for everyone by just telling you he wants to sell the house. Hope it sits with no buyers! He would deserve it.

I'm sorry you are going through this now--you don't need this at 9 mos!

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4

Any updates?

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4

Well.....I am about to have a panic attack right now about this. I just went downstairs and there are papers taped to the door.

The last message we recieved was on Wednesday night on DH's voicemail saying that he was "giving us notice" even though to the best of my knowledge, a voicemail is NOT notice.

I just don't know what to do right now. I really don't want this to ruin our credit, we've already found someplace new to live and plan to be out of here BEFORE the lease ends (and two weeks after my due date) but I am just so upset about this situation because we haven't done anything wrong and yet again it feels like DH and I are getting screwed.

Oh, and on the suggestion of a police officer friend, we filed a harrassment report with the police last week and we are meeting with a detective today who called us to speak with us about it. I am just so upset girls, what can I do??

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4, UPDATE 4/9 at bottom

I'm so very sorry...I have no advice to offer. I wouldn't have a clue what I'd do in your situation.
What are the papers taped to your door? Eviction notices?
I know this may seem impossible right now, but please try the hardest to stay strong and calm - you need to take care of yourself & the baby.

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4, UPDATE 4/9 at bottom

Please, get a lawyer -- right now!!!!!

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4, UPDATE 4/9 at bottom

have you spoken to a lawyer

as long as you are paid up in rent- this should have no effect on your credit- the only way it could hurt you credit is if a judgement was against you for back rent

In NYC the law in normally on the side of the renter- I would look into suing him!

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4, UPDATE 4/9 at bottom

renters rights website

I googled NYC renters + rights and this was the first website that came up

there are many more- fight this!

email channel 2, 4, 5, 7, 9 and 11- maybe even NY1

to there help me sections- you can find it on there website- you make a great story right now- being prego and forced out- make noise- someone will listen!

Re: Issues and Questions for Renters/or Landlords LONG-UPDATE 4/4, UPDATE 4/9 at bottom

Definitely get a lawyer asap. I am so so sorry that you have to go through this.