Posted by Richard on January 19, 2000 at 13:53:44:
In Reply to: Re: Negotiated Vacation of Apartment? Finally some details posted by Jenny on January 19, 2000 at 13:32:25:
Well being so secretive and saying I have a problem with your JOB.... opens the door to asking are you running one of those upper east side "gentlemens clubs" and the Landlord just found out?
: Thank you for some of your response. Of course I know how a stipulation works - my question was directed to customary practice in these matters.
: No need to speculate about why I didn't challenge the rate - I didn't investigate into the DHCR until things reached this level. I am aware I'm (generally speaking) time-barred, but I also know that that isn't necessarily dispositive once you're actually in front of a court and using the fact both for an answer and as a litigation tactic.
: Door damage occurred last week. We have photos, as well as an admission by someone acting as the landlord's agent, who implicated himself as well as the landlord's people.
: Do you have a problem with my job? Why the capitalization?
: : This is definately boarding on Landlord harassment......He cannot force you out of your apartment, just to get it destabilzed...but he is trying......
: : Of course he wants it done in court..WHY? because when you sign a stipulation voluntalilly.. to vacate the apartment...There is almost NOTHING you can do to change it! So yes it IS protecting his rights but screwing yours!
: : And of course you are being overcharged...but you dont care...or else you would have made a bigger effort to find out this information when you moved in, Now because you have lived there more then 4 years...If he registered the rent with DHCR you cannot file an overcharge. HAHA
: : ...Now if its isn't registered with DHCR that could be another matter....so why havnt you checked it out?
: : Did you take pictures of the damage to the front door? Did you file a complaint over No fire escapes with the Fire dept?
: : Why not take a sick day or personal day or two off from your JOB and find out the answers to these questions?
: : -------------------------------------
: : : I posted a message last week after having receive a notice of default from my landlord.
: : : After some discussion with him, he has proposed that we do not have to cure the default, but in exchange he wants us to agree to vacate the apartment by July 2001 (one more year's renewal). He also claims that he needs this to be done by stipulation in court in order to protect his rights (with respect to having given us notice of the default). Is this ever done? Is it necessary to enter anything with the court?
: : : The real situation is this: we're rent stabilized in a very high-end neighborhood in the city. given the market and how close we are to the $2000 destabilization threshhold, he wants us out in order to get the 20% vacancy increase and go destabilized.
: : : Where do we stand? Also, is there any relevance or leverage to be gained by his having authorized agents to use a crowbar on our front door to get in the apartment on a day we were not notified of their desire to enter? Or that there is no fire escape (6-floor elevator brownstone building)? Or that when I signed the lease I never got a copy of the paperwork showing the increase from the prior (stabilized) tenant's rent? Should we fight him or make a deal?
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