Three Questions

[Lumpy]

Hi
I live in Brooklyn in a building with two units besides the LL's. I pay below market value, so I have a pretty good deal. I had to beg for a lease when I first moved in, and after it expired, I didn't try to get a renewal (the LL claimed that none of their previous tenants had leases before). So I have been at this apartment for 5 years mostly without incident.

Recently the LL (who lives below me) has been complaining that I keep him up at night (I am a night owl) which is strange because for the first 5 years there were no complaints of this type. The "noise" he is complaining about is me walking around barefoot, running water in the kitchen sink, and that type of thing. His bedroom is below my kitchen, so late at night if I want to make a sandwich he says the creaking of the floorboards wakes him up (the floor is creaky in spots). I try to be as quiet as a mouse now. Does this sound reasonable? I asked him if I could put down a carpet or a runner and he said "no" ("fire hazard"). His soultion was that I should start going to bed earlier. He said there should be "no major activity after midnight". One of his notes (which threatened eviction) said he "was awakened by many footsteps and the sound of running water". I have gone out of my way to be even quieter, but I would appreciate some comments on this. Again, I am talking about complaints of me tiptoing in stocking-feet, and waking him up from making the floorboards creak.

The second question is that my landlord recently asked for a photocopy of my driver's license and my social security number. Is there any reason I should feel uneasy about that? Why would he need or want my driver's license info or ss#? Comments?

Finally, the LL bought a new stove for the apt. about 2 years ago. The first one broke (very old) and 9 months went by, until they replaced it. They bought the cheapest GE model they could find (their words). Now 2 years later, the oven doesn't work. I looked in the manual and there is some type of "kill switch" that can break, that prevents the oven from working. I told the landlord, for one thing I hoped it was still under warantee (it is not). The LL told me that the stove is not covered under the lease, that it is considered a "loan" but if anything happens to it it is the tenant's responsibility to fix it. This sounds bizarre to me. If I do not own something, why am I responsible to fix it? It was not "broken", more like it stopped working (there was no catastrophic event or neglect on my part). The oven lights with an electric pilot, which can trigger the shutoff switch. Everything in the oven is enclosed, so I could not (for example) splash it with water. The electric power in the apartment is old, with frequent brownouts. I suspect that the oven failed on it's own, or there was a surge that caused the kill switch to engage. When I say kill switch, I mean that the oven does not receive any gas now.

He showed me a lease with provisions saying this:

Under "Services": "Damage to the equipment or appliances supplied by Landlord, caused by Tenant's act or neglect, may be repaired by LL at Tenant's expense. the repair cost will be added rent"

Under "Repairs": "Tenant must take good care of Apt. and all equipment and fixtures in it. LL will repair the plumbing, heating and electrical systems. Tenant must, at Tenant's cost, make all repairs and replacements whenever the need results from tenant's act or neglect. If tenant fails to make a needed repair or replacement, LL may do it. LL's reasonable expense will be added to rent."

The funny thing is that when the first original stove broke, as the months dragged on I begged them to let ME buy a new stove and they refused. Then they buy this (decent but cheap) stove and 2 years later it also breaks. Now that the economy is rough, buying a new stove is not an option.

I know other people have rougher problems than this, but I would appreciate some advice. I do have a good deal on rent, do I just absorb this additional expense? What if I fix the oven and it breaks again? (To clarify, the burners work, the oven does not work). If I decide to live without an oven, can the LL deduct the costs of repair from my security deposit?

I do have a good deal, but I might be willing to pay more for "no headaches".

Thanks for any advice.

<small>[ June 17, 2003, 10:19 PM: Message edited by: Lumpy ]</small>

[queenswoman]

For the first question sounds like the ll is trying to harrass you into eventually leaving and is just looking for any little excuse to complain. Unfortunately its more uncomfortable because the ll does live on the premises.

For the second question - you are not required to give your ss#. Perhaps he did that to run on a credit report on you. For your drivers license perhaps he's trying to run a criminal background check on you. (He may be looking to try to build up a case against you in the future.)

The third question - if that stove breaks from ordinary use this is normal wear and tear - he should be responsible for it. However, being that you don't have a lease he can also try to use that against you in the future.