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Order to show cause

NYC Housing Court Practice/Procedures

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Order to show cause

Postby tale » Wed Nov 05, 2008 6:33 pm

Hello

I replaced the doors in my apartment from a folding door to standard 30" doors. My landlord claimed that this is illegal alterations even though in the lease it specifically provides for the tenant to keep interior doors in good repair.

Should I file an order to show cause to have the judge force the landlord to accept this as rightful action and not an illegal alteration.

Additionally notice to cure did not contain enough specific information to allow me to correct the problem, so I wrote the letter to the landlord stating exactly how I am going to make the changes, even though I believe I was correct in the first place, to which they answered with the notice of termination.

I made the required changes to the best of my abilities, and informed the landlord, I have not heard anyting from them.
tale
 
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Postby Landlord's Boy » Thu Nov 06, 2008 1:48 pm

Like you said, you replaced the expensive, troublesome door with a new, cheap door, rather than keep the folding door in good repair, as required by your lease. Do you think that if I signed a lease requiring my tenant to keep the hot tub in good repair I'd accept him tearing it out and installing a wading pool instead?

The amazing thing is that your LL isn't taking you to court. If it was me, you'd be hearing from my lawyer directly.
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Postby tale » Fri Nov 07, 2008 9:01 am

Quite opposite.

I replaced cheep plastic folding doors with solid expensive doors, not the other way around. And this happened within my apartment (co-op)

Also the landlord doesn't have the right to tell you what kind of doors you can or can not have in the apartment. It is like saying that you can not paint, or change a light fixture.
tale
 
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Postby TenantNet » Fri Nov 07, 2008 9:35 am

Well, to some extent the LL can make those decisions. Remember, you don't own the unit or apartment. And it depends on the item. Usually leases require tenants who paint to return the color to a light shade before they leave. You can get evicted for replacing things like major appliances.

If you just replaced the door on the same hinges, that's one thing, but if you installed a new frame, that's more extensive. It may also depend on if you kept the old door to put back when you leave, or if you discarded it.

It's not a question of the quality of the improvement... it's a question of the legality and lease provisions. There are cases where a LL who fails to object to the improvement (with full knowledge of it) waives his right to object. OTOH, if the lease is silent on the issue, you might be protected as long as the improvement does not cause damages, waste or nuisance.

On minor items I wouldn't even tell the LL (let sleeping dogs lie) but on major items it might be better to get permission.
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Postby tale » Sat Nov 08, 2008 12:57 am

Well that's the whole thing. It is my apartment ! I own it (co-op) and the board is techicly the LL.
tale
 
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Postby TenantNet » Sat Nov 08, 2008 4:04 am

Well then you're on the wrong web site. You didn't make it clear that you are the owner and implied you were a real tenant.

I know the co-op world uses the word tenant loosely, but it's a misnomer. You're an owner.
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