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rent stabllized lease

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rent stabllized lease

Postby gotpup » Tue May 09, 2006 9:54 am

Thank you so much in advance.
Is there any way to get the landlord to provide
a copy of my lease?
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Re: rent stabllized lease

Postby cestmoi123 » Tue May 09, 2006 1:18 pm

The LL is not required to provide you with a copy of the lease. You can pretty much bet that, if he's willing to, it's probably not going to help you (i.e. if the lease contains something that helps the LL, he'll have it. if it doesn't, he won't).
cestmoi123
 

Re: rent stabllized lease

Postby Aubergine » Tue May 09, 2006 5:51 pm

When was the lease signed, and did the current LL own the building at that time?
Aubergine
 

Re: rent stabllized lease

Postby gotpup » Tue May 09, 2006 7:27 pm

Thanks for replying...
Lease is from early '80's.
Present landlord bought building in late '80's from original (wonderful) landlord who has since passed.
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Re: rent stabllized lease

Postby Anna » Mon May 15, 2006 5:45 pm

got pup: did you? did you get a new dog?

If yes, read about the NYC Pet Law. To start, click search, above left, type PET LAW or 27-2009.1
If your LL has already sent a Notice to Cure, demand that LL immediately send you a copy of the lease & point out exactly which clause prevents you from having a pet (not all leases do; even if a lease does, LL must commence eviction proceedings within 3 mos of T keeping a pet openly and notoriously. commence = file the petition, not send the required pre-petition notices)
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Re: rent stabllized lease

Postby gotpup » Wed May 17, 2006 6:29 am

Thank you Anna, for your time.

One pet since 1988, two pets since 1991,
with 1 1/2 year between death of Lucy adoption od Nina.
Vet will attest.
Pet adoption papers dated Dec. 14 2005

Pet kept absolutely openly but super and landlord
(both living in building of 42 apartments) claim they did not notice
untill feb/mar..
neighbors did not realize new dog is not old dog .
Did not document coming/going because
I did not see this coming .

Building has 7 dogs and many cats,

Notices of cure/termination, delivered in March.
April rent accepted.
May rent returned.
Holdover delivered to me 5/15/ .
Court appearence 5/25.

Lease likely says no pets.
Under no circumstances, needless to say, will I give up my pets.
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Re: rent stabllized lease

Postby Aubergine » Wed May 17, 2006 10:35 pm

"Notices of cure/termination, delivered in March. April rent accepted."

Acceptance of rent after a termination notice is issued and before the holdover proceeding is commenced (i.e. the petition filed in court) may constitute a waiver, requiring dismissal of the case.
Aubergine
 

Re: rent stabllized lease

Postby NYHawk » Wed May 17, 2006 11:39 pm

Aubergine said "Acceptance of rent after a termination notice is issued and before the holdover proceeding is commenced (i.e. the petition filed in court) may constitute a waiver, requiring dismissal of the case."

The law is settled that the acceptance of rent during the "window period" between the date the termination notice states that the lease is terminated and the holdover proceeding is commenced will automatically constitute the vitiating of the termination notice. In other words, in the eyes of the law, acceptance of rent during that window period is deemed to be inconsistent with the termination notice's cancelling of the lease and reinstates the tenancy.

The issuance date of the termination notice is irrelevant; its effective date is relevant.

The only way for a LL to avoid this waiver is to claim that the acceptance of rent during the window period was a mistake, which to be a winning argument the LL has to promptly return the rent check or issue a check for the rent amount. (BTW, holding onto the rent check but not cashing it, is not permitted. Holding such a check is the equivalent of cashing it for purposes of invoking the waiver rule.)

Example: LL sends termination notice dated 3/1 to be effective 3/31 (the termination date of the lease) and then starts a holdover proceeding on 5/15. (As close to the facts presented as I can glean.)

Accepting rent on or before 3/31 is not a waiver, because the termination notice has not yet terminated the lease. But, accepting rent between 4/1 and 5/14 is a waiver because that is the relevant "window period."

But, the merits of this case is the harboring of pets with a no pet lease provision. Regardless of what the lease states, having a pet for more than 3 months "openly" (so that LL, super or doorman must have seen it) constitutes a waiver of the no pet lease provision. LL's claim that they "did not notice" is self-serving and easily challengeable.

Remember, not only actual notice but also constructive notice is sufficient to invoke the 3 month waiver rule.
"Constructive notice" means they should have known but the LL is claiming to be clueless about something they or an agent must have known about. Its basically a common sense argument.

Good luck!
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Re: rent stabllized lease

Postby HardKnocks » Thu May 18, 2006 12:25 am

It's hard not to notice a dog, which must be taken out at least twice a day. If the OP had a cat, the LL/super's story might be feasible.
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Re: rent stabllized lease

Postby Anna » Thu May 18, 2006 11:09 am

1. On first return date of HOLDOVER, courts usually grant an unrepresented T's request for an adjournment 'to obtain counsel (get a lawyer), answer the petitione & all other purposes'. So ask for one.
Learn more about the HOLDOVER eviction proceeding on this website: http://tenant.net/
use the search features on various pages and read the basic info in the CWTF booklets & these: http://www.tenant.net/Court/Howcourt/contents.html
Search for PET LAW
Search for OPENLY also.

2. At the very least, get a consult before your first court date!
Try the T-clinics listed on TN; call the bar assoc w/special interest in pet litigation: http://www.nycbar.org/Publications/Brochures.htm (formerly abcny.org)

<small>[ May 18, 2006, 06:27 PM: Message edited by: Anna ]</small>
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Re: rent stabllized lease

Postby cestmoi123 » Thu May 18, 2006 1:44 pm

Challenge here is likely to be replacement pet. Clearly, hard for the LL to claim his staff missed that the T had a dog. If the T replaced one dog with a similar one, though, LL could arge that the super/doorman/whatever didn't realize it was a different pet.
cestmoi123
 

Re: rent stabllized lease

Postby gotpup » Thu May 18, 2006 10:42 pm

thank you all again..
re rent acceptance..

April rent check cashed mar 14

Termination notice dated April 11

Termination notice delivered April 17
Effective date,, April 24

April rent not returned

May rent returned

April bill (slipped under
door as usual) states ' april rent paid'

Holdover dated May 2

Holdover addressd to'Jane and John Doe"
as I have an "ineffective lease " as of Ap.24.

Re" dogs
I have two dogs
previous dog ..40 pounds
new dog 11 pounds
other dog 20 pounds
As far as the neighbors not noticing....
My dogs are very 'unassuming' for want of a better word.
they are easy to overlook.
People actually pay little attention to them.
And I have been here so long with two dogs. Who actually pays attention to these things unless there is some disturbance?

The landlord's door is thirty feet from mine.
Once he stands at the elevator door. it is impossible not to see me going or coming.

Actually this has nothing to do with the dog.
This is the third lawsuit from him in 10 months,
He'll come up with something new after this.

So many thanks to you all, for your time and support.
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