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Posted by Stacy on September 28, 2001 at 15:11:57:

In Reply to: landlord threatens no friends over...break lease? posted by jenny on September 28, 2001 at 10:37:17:

Hi Jenny. I'm not an expert at this, but I'll take a stab at answering your questions. First off, unless there's a line in the lease limiting the number of people you can have over, your landlord is out of line. He can't impose arbitrary limits. Your right to sublet depends on what's in your lease. In terms of breaking your lease, that depends on what your landlord is willing to do: it's possible he'd agree to an early termination, especially if you had someone lined up to take it over. Otherwise, you might have a decent legal case for breaking it, but that would involve hiring a lawyer.

If you do stick it out through may and are worried about getting your deposit back, don't pay your last month's rent (assuming your deposit = 1 month's rent). Give your landlord whatever notice your lease requires that you don't intent to renew, then tell him you plan to use your deposit as your last month's rent. It's not strictly legal, but it's a very common tenant defense tactic, and it puts the legal burden on him: If he wants $ to cover damages, he'd have to take you to court to get it *and* produce reciepts documenting the amount. Assuming there aren't damages, he's highly unlikely to try that, and you'll save yourself the hell of trying to pry loose your deposit.

Good luck.

: hi,

: i live in greenpoint brooklyn with my roomate on the 3rd floor in a duplex. my landlord works on the ground level (1st floor) and he and his wife live on the floor above,2nd floor. last week he took me aside and told me that my roomate and i that he didnt like us having people up to our apartment. i told him that we are allowed to have friends over and that he cannot control that... he was very mean and told me that he didnt want them up there b/c he doesnt know them and possibly they could be terrorists...
: i was extremely offended and walked away from him. my roomate and i are very respectful young women and very quiet. our landlord has nothing to complain about. but i am concerned as every day i leave my apartment i feel threatened by his hateful glares at us. i dont feel like i can be comfortable in my own home. he also opened some of my roomates mail, a bank statement ( for the second time,we hope by accident,) i have a one year lease on this place, up in may. but i honestly dont know how long i can handle his sudden hateful nature. i have tried to be nice to him after the mini event and he was very spiteful towards me as well as my friends that visit. he cant make these kinds of rules can he?
: what are my rights? and am i allowed to break my lease in this situation?? or sublet? i feel very uncomfortable here. i am also worried that he will not give back my deposit b/c of the state that he is in everyday.

: there are two units in our building. building might have been built in 1970's??

: thank you for your help.

: jenny

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Comments:
: Hi Jenny. I'm not an expert at this, but I'll take a stab at answering your questions. First off, unless there's a line in the lease limiting the number of people you can have over, your landlord is out of line. He can't impose arbitrary limits. Your right to sublet depends on what's in your lease. In terms of breaking your lease, that depends on what your landlord is willing to do: it's possible he'd agree to an early termination, especially if you had someone lined up to take it over. Otherwise, you might have a decent legal case for breaking it, but that would involve hiring a lawyer.

: If you do stick it out through may and are worried about getting your deposit back, don't pay your last month's rent (assuming your deposit = 1 month's rent). Give your landlord whatever notice your lease requires that you don't intent to renew, then tell him you plan to use your deposit as your last month's rent. It's not strictly legal, but it's a very common tenant defense tactic, and it puts the legal burden on him: If he wants $ to cover damages, he'd have to take you to court to get it *and* produce reciepts documenting the amount. Assuming there aren't damages, he's highly unlikely to try that, and you'll save yourself the hell of trying to pry loose your deposit.

: Good luck. 

: 
: : hi,

: : i live in greenpoint brooklyn with my roomate on the 3rd floor in a duplex. my landlord works on the ground level (1st floor) and he and his wife live on the floor above,2nd floor. last week he took me aside and told me that my roomate and i that he didnt like us having people up to our apartment. i told him that we are allowed to have friends over and that he cannot control that... he was very mean and told me that he didnt want them up there b/c he doesnt know them and possibly they could be terrorists...
: : i was extremely offended and walked away from him. my roomate and i are very respectful young women and very quiet. our landlord has nothing to complain about. but i am concerned as every day i leave my apartment i feel threatened by his hateful glares at us. i dont feel like i can be comfortable in my own home. he also opened some of my roomates mail, a bank statement ( for the second time,we hope by accident,) i have a one year lease on this place, up in may. but i honestly dont know how long i can handle his sudden hateful nature. i have tried to be nice to him after the mini event and he was very spiteful towards me as well as my friends that visit. he cant make these kinds of rules can he?
: : what are my rights? and am i allowed to break my lease in this situation?? or sublet? i feel very uncomfortable here. i am also worried that he will not give back my deposit b/c of the state that he is in everyday.

: : there are two units in our building. building might have been built in 1970's??

: : thank you for your help.

: : jenny


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