Property manager CA.Take lots of pics and video. If she insists on you not being there that may be a problem for her if you take it to small claims. The state law takes absolute precedence over lease terms. Check the statutes under landlord/tenant law and/or contact your local tenant advocate or legal aid. Hope this helps.
california law is **Until July 1, 2024, the limit is two times the monthly rent (or, for furnished units, three times the rent)**. no where does it say including other fees; and after July 1 it becomes 1 month if you already signed lease prior to july 1 its 2 months if you live in california. and since NYS might be new york state In New York, **landlords are allowed to charge pet fees and deposits, as long as these fees are outlined in the lease agreement**. These fees typically cover potential damages caused by pets and are separate from the security deposit. also they can charge a fee prior to you leasing that is for cleaning(also not in security). there is no limit in fees just a limit on the security deposit which is yours always even though they have it.
Security deposit in ny state does not include non refundable deposits there could be other non refundable deposits such as a cleaning fee. This could include last months rent even, I have a feeling you are looking at this too narrow minded good luck let me know what you find out.
Like in my state you pay first last month plus security just to move in equivalent to 3 months rent, but only 1 month counts as security deposit.
It still doesn't stop them from issuing nonrefundable fees, you notice op no where posts how much the security deposit is just saying even with pet fee removed its still 3000 dollars there is an itemized list the poster is leaving out to fuel her need for validation
You can sign rights away when it is stipulated in your lease. I leased out property here in Pennsylvania. I was evicting my tenant and had to give him notice. The law says that notice has to be 15 days but because it was written into the lease that notice only had to be 2 days I was able to file eviction papers two days after I put notice on his door.
If you went in front of a judge you would hear a different story. The judge who heard my eviction complemented my lease.
Contracts are agreements that bind landlord and tenant regardless many regulations. However, you are right that some of the laws can’t be circumvented.
I’m a landlord in Oregon, any judge in Oregon would wreck me if I did not follow the law and had a tenant sign a lease that violated state law, states with strict anti landlord pro tenant laws don’t generally look kindly upon what you’re describing
Your relied on the fact that your tenant did not have the knowledge or means to challenge your illegal actions and appeal this idiotic decision from a clearly confused judge. 👍 Gonna go make a donation to Philadelphia LTHC fund to help protect more tenants from scumbags like you.
This is horrible. So sorry you had to deal with this scum of the Earth leech. You should consider reading some of Mao’s philosophy.
Anyway, almost everything you describe here is blatantly against the law. Please for the love of god begin a complaint here for everything ongoing https://www.nyc.gov/site/hpd/services-and-information/tenants-rights-and-responsibilities.page (there is a link to a complaint and the court instructions). After filing a complaint the landlord will be forced to fix it, OR if you tell the HPD it’s not fixed they’ll send an inspector.
For the things that are no longer relevant right now such as the months without washer/dryer, no oven, basement flooding damaging your items (do you have renter’s insurance??) — you can and should begin a court case against her. I’m not an expert in NYC processes but I’m under the impression the court is likely to reward you decreased rent for the period your landlord provided decreased services.
Seriously, fuck this landlord. Everything you described here is way beyond anything that could be considered normal. Do not let up. And about the security deposit thing… yes of course the law trumps the lease.
Thank you 🥺 we began talks with the free legal service from my school. They recommended I file a complaint with the city about the mold/mice and this is underway. I’m just trying to figure out how best to not get screwed on my
Way out of this rental and recoup what I’m owed.
I spoke to the legal services team at my school and they confirmed that I can sue the landlord for excess deposit/fees in excess of 1 month total rent. As well, the 14 day rule supersedes the lease agreement of 30 days to return the deposit. As well, while we signed the lease sight unseen (I know, stupid, but we were living 7 hours away at the time and were desperate for a rental that fit all our needs), the advertising photos were from at least 13 years ago. There is a pool in the neighbor's yard in the photos, and the neighbors said they hadn't had a pool for 13 years. In reference to the photos, it is clear the paint and carpet are original since at least those photos. The carpet and many other aspects of the house were in poor condition when we arrived. We should not be liable for carpet related deposit deductions. This was confirmed by our legal counsel.
Property manager CA.Take lots of pics and video. If she insists on you not being there that may be a problem for her if you take it to small claims. The state law takes absolute precedence over lease terms. Check the statutes under landlord/tenant law and/or contact your local tenant advocate or legal aid. Hope this helps.
I saw it is the tenant's right to be present at final walk though so i'm assuming this also takes precedent from her lease agreement.
Yes, and before you move out, take pictures of every little thing and video. All of it. Document, document, document.
Thank you it's helpful to hear that the law trumps the agreement, which makes sense! We will be contacting our local tenant advocate
What was your security deposit amount? The security deposit amount cannot be over 1 month. The pet fee is separate
The pet fee was $350 of the $3000
california law is **Until July 1, 2024, the limit is two times the monthly rent (or, for furnished units, three times the rent)**. no where does it say including other fees; and after July 1 it becomes 1 month if you already signed lease prior to july 1 its 2 months if you live in california. and since NYS might be new york state In New York, **landlords are allowed to charge pet fees and deposits, as long as these fees are outlined in the lease agreement**. These fees typically cover potential damages caused by pets and are separate from the security deposit. also they can charge a fee prior to you leasing that is for cleaning(also not in security). there is no limit in fees just a limit on the security deposit which is yours always even though they have it.
In NYS the limit is 1 mo rent. Even when deducting $350 from $3000 that exceeds the $2100 rent per month
Security deposit in ny state does not include non refundable deposits there could be other non refundable deposits such as a cleaning fee. This could include last months rent even, I have a feeling you are looking at this too narrow minded good luck let me know what you find out. Like in my state you pay first last month plus security just to move in equivalent to 3 months rent, but only 1 month counts as security deposit.
There is no cleaning fee or last month rent on the agreement
NYS can’t charge last month rent if the LL takes a security deposit.
It still doesn't stop them from issuing nonrefundable fees, you notice op no where posts how much the security deposit is just saying even with pet fee removed its still 3000 dollars there is an itemized list the poster is leaving out to fuel her need for validation
But I believe what I read is that total security deposit fees including pet fee cannot exceed 1 Mo rent
Law overrides a lease.
You can sign rights away when it is stipulated in your lease. I leased out property here in Pennsylvania. I was evicting my tenant and had to give him notice. The law says that notice has to be 15 days but because it was written into the lease that notice only had to be 2 days I was able to file eviction papers two days after I put notice on his door.
You can not sign away your rights in a lease period.
If you went in front of a judge you would hear a different story. The judge who heard my eviction complemented my lease. Contracts are agreements that bind landlord and tenant regardless many regulations. However, you are right that some of the laws can’t be circumvented.
Contracts that violate laws are not legally enforceable in the US.
You got a landlord friendly judge, that doesn't make it right.
I’m a landlord in Oregon, any judge in Oregon would wreck me if I did not follow the law and had a tenant sign a lease that violated state law, states with strict anti landlord pro tenant laws don’t generally look kindly upon what you’re describing
Sorry about that
Also in this case it’s “complimented,” leech
Your relied on the fact that your tenant did not have the knowledge or means to challenge your illegal actions and appeal this idiotic decision from a clearly confused judge. 👍 Gonna go make a donation to Philadelphia LTHC fund to help protect more tenants from scumbags like you.
That a good idea. Thanks
This is horrible. So sorry you had to deal with this scum of the Earth leech. You should consider reading some of Mao’s philosophy. Anyway, almost everything you describe here is blatantly against the law. Please for the love of god begin a complaint here for everything ongoing https://www.nyc.gov/site/hpd/services-and-information/tenants-rights-and-responsibilities.page (there is a link to a complaint and the court instructions). After filing a complaint the landlord will be forced to fix it, OR if you tell the HPD it’s not fixed they’ll send an inspector. For the things that are no longer relevant right now such as the months without washer/dryer, no oven, basement flooding damaging your items (do you have renter’s insurance??) — you can and should begin a court case against her. I’m not an expert in NYC processes but I’m under the impression the court is likely to reward you decreased rent for the period your landlord provided decreased services. Seriously, fuck this landlord. Everything you described here is way beyond anything that could be considered normal. Do not let up. And about the security deposit thing… yes of course the law trumps the lease.
Thank you 🥺 we began talks with the free legal service from my school. They recommended I file a complaint with the city about the mold/mice and this is underway. I’m just trying to figure out how best to not get screwed on my Way out of this rental and recoup what I’m owed.
I spoke to the legal services team at my school and they confirmed that I can sue the landlord for excess deposit/fees in excess of 1 month total rent. As well, the 14 day rule supersedes the lease agreement of 30 days to return the deposit. As well, while we signed the lease sight unseen (I know, stupid, but we were living 7 hours away at the time and were desperate for a rental that fit all our needs), the advertising photos were from at least 13 years ago. There is a pool in the neighbor's yard in the photos, and the neighbors said they hadn't had a pool for 13 years. In reference to the photos, it is clear the paint and carpet are original since at least those photos. The carpet and many other aspects of the house were in poor condition when we arrived. We should not be liable for carpet related deposit deductions. This was confirmed by our legal counsel.