Posted by TenantNet on August 12, 1996 at 11:04:17:
In Reply to: washer & dryer posted by Scott wWolfeil on August 12, 1996 at 03:07:57:
: Recently my landord has sent me a legal notice that I'm going to be evicted due to
: the fact that I own a portible washer and dryer. Does anyone have any info on the legality of
: this matter as far as rent stabilised lease is concerned, Does he have a case?
: Any info would help.
He might. This isn't really a stabilized issue per se. First check your
lease to see if it's prohibited. Even then, he could claim it might over
tax the electrical supply to your apartment or other building systems,
or that the draining water and suds flood into the sinks of the apartments
below you (you need a screen to prevent the suds from draining down.)
It may not really be a problem and maybe he's just fishing for ways
to get you out or harass you. If it's not prohibited by the lease
(this is unlikely as most standard leases have this prohibition),
then he has to state (and eventually prove) how it is a nuisance.
But now he knows you have it (mistake #1). He's probably sent you a
"Notice to Cure" saying if you don't discontinue it's use within "X"
days, he will terminate your lease. From there you would get a
termination notice then, a Holdover Petition which calls you to court --
where you can negotiate a settlement or go to trial. Even if you lose
the court case you would still have 10 days to cure afterwards,
If you want to fight it you can, but be prepared for a fight. I can't
really say how good your chances are since I don't know the particular
facts. If you wannt to be safe you can sell or get rid of it, or tell him
you did and hide it in a closet, or deny you have it -- make him prove it.
He might have a legitimate claim, but in my experience, owners often
allow some tenants to have these and harass other tenants.
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