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Posted by JP on August 26, 1999 at 11:20:37:

In Reply to: Re: Landlord wants to show apartment -- Take 2 posted by Mark Smith on August 26, 1999 at 02:47:35:

Thanks for the new information. We don't intend to acknowledge the oral agreement. My husband doesn't feel it's binding. He wants to use his written agreement. Can I legally do this? Or would we be better with my oral? This brings another question. What about the original security deposit does the landlord have to give it back to me if I lose my case?

: I went back to the original of the three threads that you are involved in, and I saw that your husband was the original tenant under a written lease that provided for showing the property during the last four months of the lease. Your husband moved out, and the landlord rented to you on a month-to-month basis.

: This probably would be considered a separate tenancy and the terms of your husband's lease may not be binding on you. You probably would not be liable for the landlord's attorneys' fees if the landlord is successful in court. Whether you would be liable for lost rent because you refused to let the landlord show the property isn't clear, without a lease provision requiring that you provide access. Month-to-month tenancies aren't as common in New York City, and I'm not that familiar with them. And I'm sorry that I didn't go back to the original thread sooner.

:
: : It's me again. The LL is pressuring me to allow him to show the apartment. My husband has already informed him we would call the cops if he tries. Can this hurt my case in court? My LL states I am violating his rights. Can I hold him off until this matter gets settled
: : in court? What other options do I have. The verbal agreement did not make any provisions for LL entry but the original lease has a 4 months showing prior to end of lease with proper notification. Does this have to be in writing or can he verbally give notice? He told us 2 weeks ago.

Follow Ups:

• Re: Landlord wants to show apartment -- Take 2 Mark Smith 8/26/99 (3)
  • Re: Landlord wants to show apartment -- Take 2 JP 8/27/99 (2)
    • Re: Landlord wants to show apartment -- Take 2 Mark Smith 8/27/99 (1)
      • Re: Landlord wants to show apartment -- Take 2 maybe! richard 8/29/99 (0)

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Comments:
: Thanks for the new information. We don't intend to acknowledge the oral agreement.  My husband doesn't feel it's binding.  He wants to use his written agreement. Can I legally do this? Or would we be better with my oral? This brings another question.  What about the original security deposit does the landlord have to give it back to me if I lose my case?  

: : I went back to the original of the three threads that you are involved in, and I saw that your husband was the original tenant under a written lease that provided for showing the property during the last four months of the lease.  Your husband moved out, and the landlord rented to you on a month-to-month basis.  

: : This probably would be considered a separate tenancy and the terms of your husband's lease may not be binding on you.  You probably would not be liable for the landlord's attorneys' fees if the landlord is successful in court.  Whether you would be liable for lost rent because you refused to let the landlord show the property isn't clear, without a lease provision requiring that you provide access.  Month-to-month tenancies aren't as common in New York City, and I'm not that familiar with them.  And I'm sorry that I didn't go back to the original thread sooner.

: : 
: : : It's me again.  The LL is pressuring me to allow him to show the apartment.  My husband has already informed him we would call the cops if he tries.  Can this hurt my case in court?  My LL states I am violating his rights. Can I hold him off until this matter gets settled
: : : in court?  What other options do I have.  The verbal agreement did not make any provisions for LL entry but the original lease has a 4 months showing prior to end of lease with proper notification.  Does this have to be in writing or can he verbally give notice?  He told us 2 weeks ago.


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