Quick Question for a Lawyer

[Mr. Wade Garrett]

I moved into a new apartment in new york sept 1.

I was offered a lease, signed it, sent it back, paid rent, and have been living there since.
I was just told that the landlord never signed the lease on their end and it is therefore not valid.
Now they are rescinding the offer and want me out by October 31.

Can they do that? Just not sign their end and now its not valid a month in??

 

[nardibynature123]

Have you paid anything yet?

 

[Villanova U]

Sounds like they found a tenant to pay more. How did you get into the apartment? I assume they gave you some keys.

In reality though, you are screwed, because it will cost more to hire a lawyer than any potential recovery you can get, which is probably none.

I am not your lawyer and this is not legal advice, but if it were me, I'd stop paying rent and wait for an eviction proceeding before getting out of there.

 

[Mr. Wade Garrett]

Have you paid anything yet?

Hey, if i was having a tiff with my gay roommate maybe I'd come to you. But until then, lawyers only please.

 

[ShoesEvenShinier]

Sounds like they found a tenant to pay more. How did you get into the apartment? I assume they gave you some keys.

In reality though, you are screwed, because it will cost more to hire a lawyer than any potential recovery you can get, which is probably none.

I am not your lawyer and this is not legal advice, but if it were me, I'd stop paying rent and wait for an eviction proceeding before getting out of there.

Would this qualify as a typical landlord/tenant shit law type of case?

 

[Villanova U]

Would this qualify as a typical landlord/tenant shit law type of case?

I don't know if it's typical, but yes, Landlord/Tenant is a type of shitlaw.

 

[bgranc02]

New York has pretty strong tenant rights laws in place though. And with keys and having paid might give you some sort of leverage.. especially if they cashed your checks no? Obviously it will be a shitlaw lawyer but im pretty sure there is some free counsel nyc offers for tenants

 

[Mr. Wade Garrett]

Sounds like they found a tenant to pay more. How did you get into the apartment? I assume they gave you some keys.

In reality though, you are screwed, because it will cost more to hire a lawyer than any potential recovery you can get, which is probably none.

I am not your lawyer and this is not legal advice, but if it were me, I'd stop paying rent and wait for an eviction proceeding before getting out of there.

Full disclosure: im not allowed to do short term rentals.
Theyre trying to kick me out because i created an airbnb profile of the place. But ive never rented it out. Which i can prove.

I would just rather not be kicked out of my apartment. I thought i was on a lease. Its not like im looking for money. Can I defend myself?

I dont think im going to "just stay" and wait for an eviction proceeding. What if they change the locks with all of my shit in there?

 

[Villanova U]

Full disclosure: im not allowed to do short term rentals.
Theyre trying to kick me out because i created an airbnb profile of the place. But ive never rented it out. Which i can prove.

I would just rather not be kicked out of my apartment. I thought i was on a lease. Its not like im looking for money. Can I defend myself?

I dont think im going to "just stay" and wait for an eviction proceeding. What if they change the locks with all of my shit in there?

You are a smart guy, I bet you can represent yourself in landlord tenant court or whatever it's called in NYC.

 

[nardibynature123]

airbnb, times must be tough.

 

[TheDean]

Shack up with the new girlfriend. But check your horoscope first. You're traveling for an extended period soon right?

 

[HereComeTheCats]

https://www.reddit.com/r/legaladvice

I'm sure it's covered there.

 

[nardibynature123]

Why can't a lawyer just give him free advice?

 

[TwoDecks]

You should check reddit, they'll likely have someone there who will know better than we do.

But in general, if you signed a contract, and you sent in a check, and they cashed it - the courts will look very favorably upon your case. It will be as if the contract was signed. However, if you violated the contract, then you violated the contract. However, posting something on airbnb is different than actually renting

 

[Mr. Wade Garrett]

You should check reddit, they'll likely have someone there who will know better than we do.

But in general, if you signed a contract, and you sent in a check, and they cashed it - the courts will look very favorably upon your case. It will be as if the contract was signed. However, if you violated the contract, then you violated the contract. However, posting something on airbnb is different than actually renting

Right, all of this happened.

The main difference is that i considered myself on a lease and they considered it a "lease offered."

 

[TheDean]

I have several attorney friends here in the city and relayed your situation - this is what they are saying:

"The law always protects the inhabitant/tenant. It will be tough for the landlord to get you out."

"If the landlord was collecting rent, it will be an implied lease most likely"

"Basic contract law: If the terms of the lease provide for a 9/1 move-in, and the tenant complied with all terms of the agreement, then the landlord tacitly ratified the lease - i.e. an implied lease"

 

[WhiteChocolate]

Not sure where you work but many companies offer very cheap lawyer services as part of the benefits package. My co-worker used it to do their house closing (in NJ we need lawyers), and it saved her a few hundred bucks. Might be worth looking into if you need some inexpensive law advice/representation to you through this.

 

[TheDean]

I'm sure you live in a nice building but this is a classic slum-lord scumbag tactic.

There are 100 lawyers in your zip code who would take on your case for free because they love this kind of thing.

 

[TwoDecks]

Ideally you have an attorney write them a letter that states

1. You signed the lease
2. You moved into the property on 9/1
3. You paid all amounts due on 9/1 and they cashed those checks
4. You have not violated any provisions of the lease, including any short term rentals. Nor do you have any intention to ever rent out to short term rentals
5. Attached is my rent check due October 1
6. You will continue to live up to your end of the lease, and you fully expect them to live up to their end of the lease and that you have zero intention of vacating the property

 

[Villanova U]

What is the cancellation policy in the lease? This could all be moot if there's a provision in there that says that they can kick you out for no reason with 30 days notice or something.

 

[tjc3844]

Right, all of this happened.

The main difference is that i considered myself on a lease and they considered it a "lease offered."

Wade, obviously I'm not an attorney but I have many years of real estate experience. The fact that they accepted your check and turned over occupancy of your apartment to you by giving you the keys creates an oral contract which is totally enforceable under the law. I think all you would need to do is have an attorney send the landlord a letter that you have "performed" under the contract and that any attempt to void the contract by the landlord will result in you filing a lawsuit for punitive and compensatory damages. I doubt they'll renew your lease when the current one runs out

 

[Greg Woodward]

Before you proceed with any of the legal tactics which many in the newsgroup have already kindly suggested, I would first make sure that the landlord knows that you are only a pretend black guy. That will likely clear things up.

 

[NickleDimer]

This never would have happened if you went with one of those Bucks County apartment listings that I sent you.

 

[TwoDecks]

Totally off tangent, but airbnb is going to have more impact on things like this in the future. I've not used airbnb, but I spend a lot of time thinking about the lodging space.

1) If you're a tenant trying to sublet your unit, be VERY CAREFUL about putting very descriptive components that would allow the overall landlord to figure out that it is you

2) If you're someone renting a spot on airbnb, know that (particularly in big cities with sophisticated landlords) you might get screwed in that the airbnb host might not actually be in the apartment when you show up!

 

[tomdudes]

TD, so what you're saying, lodging space is your kind of thing........

 

[wcburrs87]

Before you proceed with any of the legal tactics which many in the newsgroup have already kindly suggested, I would first make sure that the landlord knows that you are only a pretend black guy. That will likely clear things up.

This drew a hearty chuckle.

 

[wcburrs87]

Any chance this "airbnb" soon becomes airbb2n down the line? Just wondering.

 

[FatPhilM]

I'm sure you live in a nice building but this is a classic slum-lord scumbag tactic.

There are 100 lawyers in your zip code who would take on your case for free because they love this kind of thing.

Landlord-tenant is pretty much the worst form of shit law - maybe even worse than divorce. I can't imagine a lawyer taking it for free. 2Decks' advice is good.

 

[NickleDimer]

should we pass the hat for MWG?

 

[Mr. Wade Garrett]

I created the airbnb profile and the place was getting a shitton of requests for $275 a night. It crossed my mind but I never had anyone stay here.

The management company saw the profile and i had a letter in my apartment when i got home this weekend telling me the lease offer was pulled and to leave by oct 31. Not even a warning or a phone call. Straight up eviction notice.

 

[nycat04]

Find a lawyer - have them write a letter on firm letter head that says that you have a contract - the fact that they rented you the apartment/have keys/paid rent likely means you have a contract even though you did not receive a signed copy of a contract.

If the Airbnb is the issue that is a potential breach of contract which has its own issues under your lease and they may have remedies but those will depend on the language in your lease and what is an actual beach.

Shouldn't take anything more than a letter on letter head from a reputable shop.

 

[Mr. Wade Garrett]

Find a lawyer - have them write a letter on firm letter head that says that you have a contract - the fact that they rented you the apartment/have keys/paid rent likely means you have a contract even though you did not receive a signed copy of a contract.

If the Airbnb is the issue that is a potential breach of contract which has its own issues under your lease and they may have remedies but those will depend on the language in your lease and what is an actual beach.

Shouldn't take anything more than a letter on letter head from a reputable shop.

Thanks dude.

 

[danmcguire]

Did you remove the profile? I'll leave the legal advice to the non lawyers, but I would note that 20 years ago in NY illegal subletting (including advertising for such) was a cureable offense and you had like 10 or 14 days to remedy the breach. I have no idea if that is still the case today, but if it is a lawyer might tell you to cure, provide notice of cure to the landlord and respond to the eviction notice within the applicable notice period. Good luck.

 

[NorCalVU10]

deBlasio just announced they are going to be spending $60MM on lawyers fees this year in order to defend evicted tenants in an attempt to curb homelessness-awesome idea! Maybe you can hit up the city.

In all seriousness, Airbnb is illegal in most NYC leases, but given the fact that you can easily prove you never rented it, I have to imagine that you should be okay. This is probably just the standard response they have to airbnb-which ultimately scares away the profiteering type. No duh you got a ton of interest at $275, when the average manhattan hotel room rents for $300+, and given what you've posted about recently, I assume you are renting a pretty nice apartment.

It sounds like you plan on keeping a place while you are abroad. I suggest joining a house swap site and give your keys to a friend while you're abroad. You can definitely leverage that for free, awesome places to stay abroad and its harder for the landlord to track/evict if you aren't exchanging money.

 

[LizReed]

Maybe Nardi could apartment-sit for you while you're gone? It'd give him a chance to live on his own for a little bit.

 

[nardibynature123]

Maybe Nardi could apartment-sit for you while you're gone? It'd give him a chance to live on his own for a little bit.

Living in NYC is for chumps.

 

[NickleDimer]

In lieu of a legal letter, a well-placed deuce in the mail slot of the property management company would be your best move. Just have a nice warm glass of prune juice and some milk of magnesia before you saunter over there.

 

[Mr. Wade Garrett]

Interesting update: they also won't provide me with a copy of the lease that i signed.

And no, i dont have a copy.

 

[nycat04]

check to see if your apartment is rent stabilized - if it is they have to provide you a copy of the lease.

Here's a link: http://www.nyshcr.org/AboutUs/contact.htm - they should be able to tell you if it is rent stabilized.

If a person doesn't have a lease - and maybe that's where they're going - they're going to try to say you're a month-to-month tenant.

Do you have an unsigned copy of the lease in an email account or anything? If so, there are lot of legal aid places that can help you (even if you don't have a copy) - NYC is very very tenant friendly. I still think a strongly worded letter on letterhead gets this done.