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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
our neighbors are nothing but trouble. they drink underage, have crazy parties and are doing drugs outside. we have called the cops numerous times, as well as their landlord, who lives upstairs from them.
we just called the landlord to complain that the marijuana smell from the drugs the tenant and her friends are doing is coming into our bedroom--and our children's bedrooms!!! he said he doesn't care what she does. we told him the law states that the homeowner is responsible no matter who is breaking the law.
is this part of the social host law? can anyone point me to documentation? i am going to bring it right over to him and demand he put a stop to this nonsense. we have tried so many times before and all he says is "call the cops on her". i don't want to always call the cops when he can take care of it by telling her to knock it off himself. btw...we have also talked to the tenant AND her mom numerous times. no one does anything about it. and by the time the cops come, the beer and pot is always stashed (although they were caught one time and all got tickets for underage drinking). would her mom be responsible instead of the landlord?
can anyone help me?
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Posted 6/21/10 11:29 PM  |
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tara73
carseat nerd
Member since 11/09 3669 total posts
Name:
Buttercup
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
How would you handle it if it were the homeowner outside smoking weed? However you would proceed with the homeowner, proceed the same way.
He can't dictate what she does and even if he does tell her to stop smoking pot she doesn't have to listen. Landlords can't just decide how people live their lives.
Message edited 6/21/2010 11:54:55 PM.
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| Posted 6/21/10 11:53 PM |
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lcnac
LIF Infant
Member since 1/09 162 total posts
Name:
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
do you live in the city or long island?
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| Posted 6/22/10 1:41 AM |
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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
Posted by tarabelle99
How would you handle it if it were the homeowner outside smoking weed? However you would proceed with the homeowner, proceed the same way.
He can't dictate what she does and even if he does tell her to stop smoking pot she doesn't have to listen. Landlords can't just decide how people live their lives.
he can tell her knock it off since its his house, she is underage and it is illegal. There has been nothing but problems with her. This has been going on for four years and the landlord actually got nervous when he found out he could be liable. I am in nassau
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| Posted 6/22/10 8:45 AM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
here is the social host law
socail host Nassau
I am dealing with a drug issue in my neighborhood and its very hard for the police to stop cause unless they arrive and they see them doing the drugs they can't do anything.
Is the apt legal? If not I would turn the LL into the town. That will get it to stop.
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| Posted 6/22/10 8:58 AM |
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tara73
carseat nerd
Member since 11/09 3669 total posts
Name:
Buttercup
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
Posted by browneyedgirl
Posted by tarabelle99
How would you handle it if it were the homeowner outside smoking weed? However you would proceed with the homeowner, proceed the same way.
He can't dictate what she does and even if he does tell her to stop smoking pot she doesn't have to listen. Landlords can't just decide how people live their lives.
he can tell her knock it off since its his house, she is underage and it is illegal. There has been nothing but problems with her. This has been going on for four years and the landlord actually got nervous when he found out he could be liable. I am in nassau
Legally, he may be the homeowner but the portion of the home that is rented to the tenant is their residence. He is their landlord, not their parent. He can't tell them not to have company, how to parent, what TV shows to watch.. in short he can't dictate how his tenants live. Sure, he can ask (and he just may have to no avail) but that doesn't mean that they'll comply. He can not interfere with their "quiet enjoyment" nor can he harass them.
He pretty much told you what to do (continue to call the cops) because tenants actually DO have rights. If they were renting in a complex the complex isn't liable for the underage drinking, just like the homeowner isn't liable in this case. Whoever is renting the apartment is the person who would be liable under social hosting laws. Who is the actual person renting it? The mom? If so, she is the one liable under social host laws.
He may very well be dealing with an annoying tenant who knows their rights and asserts them. Maybe the tenant is family. He can ask them to keep it down, he can ask them not to smoke weed, but he can't go down there and throw them out just because it's bothering you. Legally evicting a tenant costs money and takes time (longer if you're not dealing with it being because of non payment of rent)
You deal with it the same way you would if it were the homeowner himself causing the problems. You document things and you continue to call the cops when there is a problem. Get a video camera. Document the noise, document the time it's happening. Get your town's noise ordinance. Get your other neighbors involved if it is that bad. Sometimes if only one person is complaining about things it may not be taken seriously. If it persists, take the person renting the apartment to small claims court and sue them.
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| Posted 6/22/10 9:43 AM |
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Otherme
Square head cutie pants
Member since 3/06 6899 total posts
Name:
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
Have you tried taking pictures or video of the kids drinking and doing drugs? i know you can't smell anything in pictures, but maybe it would help document things.
I would think whomever is the person renting the space is the one actually responsible for anything that goes on in there, not the landlord. In this case, its the girls mom right? Have you tried talking to her and letting her know that the next time you smell pot or see kids drinking you're going to call the cops and she'll be the one in trouble? I would keep an eye out for the times they smoke, and call the cops the second you smell anything. Hopefully by the time they get there, they'll be so stoned and stupid that they won't be able to hide the smell.
sorry you're dealing with this.. it sounds like a mess.
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| Posted 6/22/10 12:00 PM |
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Pray4Baby2010
<3 Cutest Giants Fan
Member since 10/09 5796 total posts
Name:
MB
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
Posted by tarabelle99
Posted by browneyedgirl
Posted by tarabelle99
How would you handle it if it were the homeowner outside smoking weed? However you would proceed with the homeowner, proceed the same way.
He can't dictate what she does and even if he does tell her to stop smoking pot she doesn't have to listen. Landlords can't just decide how people live their lives.
he can tell her knock it off since its his house, she is underage and it is illegal. There has been nothing but problems with her. This has been going on for four years and the landlord actually got nervous when he found out he could be liable. I am in nassau
Legally, he may be the homeowner but the portion of the home that is rented to the tenant is their residence. He is their landlord, not their parent. He can't tell them not to have company, how to parent, what TV shows to watch.. in short he can't dictate how his tenants live. Sure, he can ask (and he just may have to no avail) but that doesn't mean that they'll comply. He can not interfere with their "quiet enjoyment" nor can he harass them.
He pretty much told you what to do (continue to call the cops) because tenants actually DO have rights. If they were renting in a complex the complex isn't liable for the underage drinking, just like the homeowner isn't liable in this case. Whoever is renting the apartment is the person who would be liable under social hosting laws. Who is the actual person renting it? The mom? If so, she is the one liable under social host laws.
He may very well be dealing with an annoying tenant who knows their rights and asserts them. Maybe the tenant is family. He can ask them to keep it down, he can ask them not to smoke weed, but he can't go down there and throw them out just because it's bothering you. Legally evicting a tenant costs money and takes time (longer if you're not dealing with it being because of non payment of rent)
You deal with it the same way you would if it were the homeowner himself causing the problems. You document things and you continue to call the cops when there is a problem. Get a video camera. Document the noise, document the time it's happening. Get your town's noise ordinance. Get your other neighbors involved if it is that bad. Sometimes if only one person is complaining about things it may not be taken seriously. If it persists, take the person renting the apartment to small claims court and sue them.
I am pretty sure that the "quiet enjoyment" that you are talking about means all legal activities- whereas drugs and underage drinking would certainly not apply.
To the OP- I would honestly talk to an attorney- because your quiet enjoyment is being violated 
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| Posted 6/22/10 1:03 PM |
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jam11308
Member since 11/07 7273 total posts
Name:
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
Posted by Otherme
I would think whomever is the person renting the space is the one actually responsible for anything that goes on in there, not the landlord. In this case, its the girls mom right? Have you tried talking to her and letting her know that the next time you smell pot or see kids drinking you're going to call the cops and she'll be the one in trouble?
Ugh - what a shame that you have to deal with this  I'm not sure of the law, but if her mom is the actual tenant, then I would think that she is responsible, as well. I'd maybe try addressing this with her... GL
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| Posted 6/22/10 1:21 PM |
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Andrewz00
Look! I changed it!
Member since 4/10 1789 total posts
Name:
Andrew
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
i would just call the cops each and every time there is an issue... eventually the cops will get fed up with having to come out there so frequently they may be able to get and serve a search warrant.
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| Posted 6/22/10 1:32 PM |
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Mrs213
????????
Member since 2/09 18986 total posts
Name:
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
Her mom is responsible if she lives there...
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| Posted 6/22/10 3:17 PM |
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MockingJay
Ring out the old...
Member since 9/08 1312 total posts
Name:
Ring in the new!
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
what town is this? They could be violating the noise ordinance...
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| Posted 6/22/10 3:50 PM |
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browneyedgirl
family is all that matters
Member since 6/06 6513 total posts
Name:
browneyes
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
Posted by Belongs2DanBuckley
what town is this? They could be violating the noise ordinance...
i am in an incorporated village and they are DEFINITELY violating a noise ordinance--that's why i call the police.
there is no "quiet enjoyment" with these people--it's loud, crazy parties and screaming at all hours of the night. sometimes they START at 2am add in beer bottles clanging, people yelling, doors slamming and i've got a real piece of work living behind me.
this isn't someone and their friends having a bbq at 2pm on a saturday--this is kids out at all hours every day of the week and weekend.
to answer a few questions--this has been going on for 4 years! we started by talking to the landlord. then we talked to the girl herself (and her brothers who also have parties). then we went to the mother who was completely unaware her daughter even HAD friends over we went back to contacting the landlord (remember, he lives right upstairs but conveniently doesn't hear anything) and he said call the cops so that's what we've been doing. but not for nothing, police have a very important job and this is a simple thing that her mother should be taking care of. if ANYONE complained to me that my kids were keeping them up at 2am doing drugs or drinking underage you better believe they would NEVER do it again (mainly because they'd never be allowed out of the house again)
they bother a lot of people, but they don't do anything about it. when pot smoke is going into my babies' rooms--i have a HUGE problem with it. what people do in their home is their business, but when it affects me or my family, i have an obligation to take care of it. these people even wake my kids up with their screaming.
thanks for linking the social host law--i will be showing the landlord when i see him
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| Posted 6/22/10 8:57 PM |
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hbugal
Lesigh
Member since 2/07 15928 total posts
Name:
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Re: please help me with the law regarding a landlord's responsibilities with a tenant doing drugs
Look up BAWDY HOUSE LAW's in NY and see if they apply....
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| Posted 6/22/10 9:12 PM |
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