Landlord/locksmith issue
Deep breath.
So last week the boyf and I come home from a long weekend away and put our key in the door to our apartment. It doesn't open - it turns but no click. The key is stuck. We pull - and out comes the entire lock cylinder. Now there's a gaping hole. We get the key out of the cylinder. We feel around inside but cannot open the door.
We go on a long search for our landlord, who can usually be found on our block. He is not there. We speak to his workers. They say he'll be back soon. They say they do not have a phone number for him. One of them returns to our door with us and his tools and attempts to open it. He cannot. We hang out for two hours, the landlord never returns. It's getting late. Our luggage is sitting unsecure in our public hallway.
We cave and call a locksmith. He comes. He opens the door. He determines that the lock will cost $500 to fix. We go back to look for the landlord and report this to one of his workers, who miraculously produces the landlord's phone number. I speak to him on the phone. He says no, don't pay the locksmith, he's sending his guy to fix it. Fine. The locksmith charges us $200 for responding and opening the door. We pay him in cash and get a receipt.
The landlord's guy shows up and eventually, over the course of the next several hours, fixes the lock so it can now be used to secure our apartment.
So. Is my landlord responsible for paying for the locksmith? If so, how do I go about being reimbursed - include the reciept in the envelope with our rent and deduct the amount from our check?
One more thing... we are currently living without a lease. It was up for renewal three months ago. Every month the landlord has said he will bring the lease over, but has not yet brought it. We have been in this apartment for over 5 years.
Advice??
So last week the boyf and I come home from a long weekend away and put our key in the door to our apartment. It doesn't open - it turns but no click. The key is stuck. We pull - and out comes the entire lock cylinder. Now there's a gaping hole. We get the key out of the cylinder. We feel around inside but cannot open the door.
We go on a long search for our landlord, who can usually be found on our block. He is not there. We speak to his workers. They say he'll be back soon. They say they do not have a phone number for him. One of them returns to our door with us and his tools and attempts to open it. He cannot. We hang out for two hours, the landlord never returns. It's getting late. Our luggage is sitting unsecure in our public hallway.
We cave and call a locksmith. He comes. He opens the door. He determines that the lock will cost $500 to fix. We go back to look for the landlord and report this to one of his workers, who miraculously produces the landlord's phone number. I speak to him on the phone. He says no, don't pay the locksmith, he's sending his guy to fix it. Fine. The locksmith charges us $200 for responding and opening the door. We pay him in cash and get a receipt.
The landlord's guy shows up and eventually, over the course of the next several hours, fixes the lock so it can now be used to secure our apartment.
So. Is my landlord responsible for paying for the locksmith? If so, how do I go about being reimbursed - include the reciept in the envelope with our rent and deduct the amount from our check?
One more thing... we are currently living without a lease. It was up for renewal three months ago. Every month the landlord has said he will bring the lease over, but has not yet brought it. We have been in this apartment for over 5 years.
Advice??
Comments
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Move!
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If you had a lease that expired and he is still taking your rent check than the lease is "renewed". If you are living in a legal apartment and he is taking your rent check then you don't even need the lease. It's called "tacit approval of your tenancy". You might quibble over if it is a 1 yr, 2yr, or 3 yr lease, the increases are incrementally different but he cannot throw you out. you could probably try and get your money back from the LL. If your relationship is completely adversarial then take it off the rent with an explanation. It is not worth it to him to pursue it in LL/Tenant Court.
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Modsquad, are you certain? I would have guessed (I am not expert in real estate law) that absent a lease or following the expiration of a lease, the tenancy becomes month to month, and terminable by either party on one month's notice.
If I am correct, then if the OP deducts the locksmith's fee from the rent, the landlord could simply evict them. -
booklaw wrote: Modsquad, are you certain? I would have guessed (I am not expert in real estate law) that absent a lease or following the expiration of a lease, the tenancy becomes month to month, and terminable by either party on one month's notice.
I agree with booklaw except I would ask the landlord "Do you want me to deduct it from the rent or do you want to reimburse me" I actually prefer the latter since it is easier on my bookkeeping at the end of the year.
If I am correct, then if the OP deducts the locksmith's fee from the rent, the landlord could simply evict them.
If your lease expires and your landlord is aware of it and allows you to live there you are month to month.
** I found the wording on a boilerplate lease as follows:
Holdover by Lessee - Should lessee remain in possession of the premises with the consent of Lessor after the expiration of the lease a new month to month tenancy shall by created between Lessor and Lessee which shall be subject to all terms and conditions hereof but shall be terminated on days written notice served by Lessee or Lessor on the other party -
when it becomes month to month there is another provision on this boilerplate lease that states Lessor shall advise Lessee of any changes in terms of tenancy with advance notice of at least 30 days. Changes may include notices of termination, rent adjustments or other reasonable changes in the terms of the Agreement -
By law all tenants in stabilized apartments are offered lease renewals by the LL at least 120 days before the end of the current lease. LL should of sent that to tenant certified return receipt requested. LL would of prayed that the tenant would not renew. In this situation, like so many small buildings in Brooklyn, the LL didn't bother with that procedure because he had no intention of trying to evict. I presume the new rent is the allowable increase by law, what is it, 2%, 3% or maybe 4%. In essence by accepting the rent checks after the lease has expired he has given the "renewal". Landlords can't have it both ways, evicting a tenant and collecting rent at the same time. More importantly, a Renewal of a an existing lease can not have any less rights than the original lease. If they had a five year lease (unusual) they are entitled to a renewal at five years. The only thing that changes of course is the rent.
I am presuming the OP is stabilized and not not a luxury condo. From the description, "workers running around, no phone number, etc., it sounds like a typical Brooklyn owner of a slightly run down brownstone or apartment house. -
not true Stacey, You cannot sign away rights that are given to you by law. It doesn't matter what the boilerplate says. In the absence of a new lease a Judge will ask for the old lease and ask the LL why he is still taking rent. The judge will simply give the tenant the renewal that tenant was legally entitled to. I have seen it happen.
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Ha, definitely not a luxury condo. We're not rent stabilized either. The rent increase he has proposed this year is 4.5%.
We have always had one-year leases, just renewed at the end of every year. This isn't the first time there's been a gap between leases, just the first time I've had a weird issue where I've felt he owed us a reimbursement...
edited to add - Because of our history, I don't think he is attempting to evict us at all. I'm just wondering what the correct protocol about reimbursements is and if he actually, legally, owes us that $200 bucks. -
addendum: If tenant had a working lock when he moved in he is entitled to a working lock by right as long as he is a tenant. Given the circumstances described I would deduct the cost with an explanation.
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How many apartments in your building that are being rented?
Does LL live in Building?
Is there a sign in the lobby as to registration with the city housing authority? -
modsquad wrote: not true Stacey, You cannot sign away rights that are given to you by law. It doesn't matter what the boilerplate says. In the absence of a new lease a Judge will ask for the old lease and ask the LL why he is still taking rent. The judge will simply give the tenant the renewal that tenant was legally entitled to. I have seen it happen.
Im not disagreeing I am agreeing that it becomes a month to month
and as per the bold part:
Should lessee remain in possession of the premises with the consent of Lessor after the expiration of the lease a new month to month tenancy shall by created between Lessor and Lessee which shall be subject to all terms and conditions hereof but shall be terminated on [there should be a blank here for them to write in ] days written notice served by Lessee or Lessor on the other party
it seems like the they have the same rights as they had under the signed lease -
The pertinent question at this time is how many units are in the building. OP says he is not stabilized. That implies less than 6 units. Even if it appears to be less than 6 many buildings have been illegally converted. If there is a floor through on the ground floor it was probably 2 at one time. A quick search at the DHCR office will turn up any previous records of registration. If it was registered at any time after 1974 it remains stabilized. Also a check at DOB would be helpful. This is not rocket science. It's not that difficult to find out.
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modsquad wrote: If there is a floor through on the ground floor it was probably 2 at one time.
What does this mean? -
As stated in replies, if your lease expires, your month to month.
As also queried, was the lock in question there when you moved in, did you modify, replace, add? If it was pre-existing when you took possession, the landlord is responsible.
If so, suggest you deduct it in installments from the rent over time. -
Often LL's will covert a small store and a separate living quarters in the back on the ground floor to one unit. sometimes it becomes a garden apartment or depending on the neighborhood, maybe one store. This might of been done to circumvent the law regarding how many rentable units are in the building.. In a 3 story brownstone it might change from 6 to 5 (the magic number). A "floor through" is just an apartment that takes a whole floor in a browstone.
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modsquad wrote: How many apartments in your building that are being rented?
The building is three floors, with one floor-through apartment on each. Not a brownstone, just an old tenement probably. Landlord does not live here. There's no sign in our 'lobby' (actually just a vestibule).
Does LL live in Building?
Is there a sign in the lobby as to registration with the city housing authority?
The lock was as-is when we moved in five years ago. We've never altered anything, save a little WD-40.
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Well, Its possible if it's a real tenement it had 6 apartments at one time. You could do a search at DHCR and you could check DOB for building conversions over the last 30 to 40 years. To answer the question about the lock, I don't really know. If any of these searches turn up 6 units with no legal conversion then you have considerably more leverage. He would be paying for a lot more than a lock. On the other hand you could simply approach him with the locksmith bill and see if he'd pay it or at least split it with you. Doesn't sound like he is interested in eviction anyway. A 3 story tenement sounds like a pretty sad place. I would still do the search anyway, even if you don't use the info now it may help in the future. I'm in a similiar situation, my LL hasn't registered my place (15 units in building) but the rent is so low I haven't the heart to fuck him over. Anyway, if you want a good lawyer PM your number and I'll call with his. If he's got the time you can talk on the phone for 15 minutes and he'll charge you $75. You'll be an expert then.
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You should have had the landlords contact number. Especially since you have lived there for 5 years. All my tenants have my number and a building manager number (in case I can't be contacted as I loose cell phone signal when upstate) and any problem is resolved quickly. If I am away and can't address a problem such as yours, I tell the tenant to call a plumber/locksmith/electrician and pay whatever it costs and to keep the receipt.
I tell them to deduct that amount from the rent and to send the receipt for my records.
Since you do not have a lease and did not have the landlords number I think it would be best to just split the cost in this situation. It would be fair to both parties.
good luck. -
As far as the lock, here is some info:
In emergencies, tenants may make necessary repairs and deduct
http://tenant.net/faq.txt
reasonable repair costs from the rent. For example, when a
landlord has been notified that a door lock is broken and
willfully neglects to repair it, the tenant may hire a locksmith
and deduct the cost from the rent. Tenants should keep receipts
for such repairs.
The question would be whether the time frame you have outlined constitutes willful neglect. Given the habitability issue of being unable to get in, I would probably lean towards yes.
Regarding auto-renewing leases, you really need to take a look at yours. I don't believe that non-stabilized auto-renew, but an oral agreement with the landlord is just as good for up to a year.A lease is a contract between a landlord and tenant which
contains the terms and conditions of the rental. It cannot be
changed while it is in effect unless both parties agree. A lease
may be oral or written. However, an oral lease for more than one
year cannot be enforced. (General Obligations Law Sec. 5-701)
Tenants who rent apartments not covered by rent stabilization or
rent control must negotiate the rent, the duration of the rental,
and the conditions of occupancy with their landlords. These
matters must also be negotiated when the lease is up for renewal.
Some leases contain an automatic renewal clause. Because this can
be a trap for unwary tenants, landlords are required to give
tenants advance notice of the existence of an automatic renewal
clause. Landlords must give this notice between 15 and 30 days
before the tenant is required to notify the landlord of an
intention not to renew the lease. (General Obligations Law Sec. 5-
905) -
Going back to potentially finding your building had 6 apartments. Does your apartment have an old door that has been painted over, knob removed that opened on to the stair landing at one time? Does each landing have 2 doors, one working, the other not working? Could be just a door frame filled in with sheetrock. That would definitely indicate 2 apartments per floor.
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modsquad wrote: I presume the new rent is the allowable increase by law, what is it, 2%, 3% or maybe 4%.
Stabilization questions aside, the current increase allowed is 4.5% on one-year leases and 8.5% on two-year leases. -
landlord wrote: You should have had the landlords contact number. Especially since you have lived there for 5 years. All my tenants have my number and a building manager number (in case I can't be contacted as I loose cell phone signal when upstate) and any problem is resolved quickly. If I am away and can't address a problem such as yours, I tell the tenant to call a plumber/locksmith/electrician and pay whatever it costs and to keep the receipt.
You sound like an awesome landlord. If you have any two bedrooms opening up, let me know!
I tell them to deduct that amount from the rent and to send the receipt for my records.
Since you do not have a lease and did not have the landlords number I think it would be best to just split the cost in this situation. It would be fair to both parties.
good luck. -
daver wrote: [quote=modsquad]I presume the new rent is the allowable increase by law, what is it, 2%, 3% or maybe 4%.
Stabilization questions aside, the current increase allowed is 4.5% on one-year leases and 8.5% on two-year leases.
The annual increases published by the Rent Guidelines Board is only for rent stabilized apartments
Non-regulated apartments can be increased at renewal time by any amount -
If this LL is only increasing the rent by that which is allowable in stabilized apartments either he is hiding something or he is happy to have a tenant.
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When I moved into my apartment, my landlord changed the lock. After a days worth of huffing and puffing (never EVER move in July!), I decided to go out for a beer. I put the key in and nothing. It wouldn't turn, wouldn't come out, nothing. I called my landlord at 9:30 on a Friday night, he called a locksmith, I had to have the cylinder replaced to the tune of $275 (cash only) that my landlord promptly reimbursed the very next day.
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Yup, non-stabilized can increase any amount at lease renewal time. Here is a stabilized building list, FWIW:
http://www.housingnyc.com/html/resources/zip.html
Your landlord's proposed increase of 4.5% is fair, seeing as that since you are not rent stabilized he could increase it far more, if he wanted to. Providing the apartment is worth it. You would be seeing a 4.5% this year in a stabilized apartment as well. -
Just wanted to update to say that all is well, we've worked out the issue with our landlord and are here to stay another year. Thanks neighbors for the great input.
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hay do you mean the associated on underhill?
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spinningpinwheel wrote: [quote=landlord]You should have had the landlords contact number. Especially since you have lived there for 5 years. All my tenants have my number and a building manager number (in case I can't be contacted as I loose cell phone signal when upstate) and any problem is resolved quickly. If I am away and can't address a problem such as yours, I tell the tenant to call a plumber/locksmith/electrician and pay whatever it costs and to keep the receipt.
You sound like an awesome landlord. If you have any two bedrooms opening up, let me know!
I tell them to deduct that amount from the rent and to send the receipt for my records.
Since you do not have a lease and did not have the landlords number I think it would be best to just split the cost in this situation. It would be fair to both parties.
good luck.
Yeah seriously, the exact opposite from my notoriously-evil mgmt company.
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