bqe1970's Profile

  • 2004
  • 2006
  • Brooklyn
  • East Williamsburg
  • House

Author's Posts

February 3, 2009

2 Fam purchase, estoppel letter

Hi Brownstoners,
We are closing on a 2 family. Our lawyer wants us to get a letter of estoppel from the tenant without a lease who would like to stay on. Is this standard practice? Does it really protect me of anything? If she won't sign it, I would think that she might not be someone I want living there. I also want to present it to her personally, I feel it might be less offensive if I meet her. Please advise.

October 8, 2008

cold feet? entering contract-negotiating?

Hi folks,
I am about to enter a contract for a 2family in prime williamsburg. No brownstone, but no renovation either. He accepted my low (not low for me) offer the first day the market tanked last week. As it has gotten worse, I am starting to get nervous. Haven't signed anything yet, am thinking about negotiating further with a few big ticket items found on the inspection. Any tips? The last time I bought the market was strong and no one could negotiate anything in Williamsburg. Thanks guys.

September 28, 2008

Curb cut legal?

Hi folks,
I'm considering a property with a curb cut and a garage that was put in the mid 90s. The curb cut on the street looks official, but I want to make sure I am not paying a premium for something that is illegal and could be revoked at some point by the city. What permits am I looking for in the city records? I believe this info should be online at the DOB? At what point do they grandfather these things in. There is a post from April about a city law revoking people's curb cuts that concerns me. Please advise.

September 19, 2008

parents as co-borrowers

I was wondering if anyone has had recent success in obtaining a mortgage using their parents income in order to borrow more $ without getting an investor's rate. My mortgage broker can do this with an FHA loan however paying the monthly mpi seems ridiculous when we are putting 25% down and we have excellent credit scores. From recent mortgage posts, it seems like people have been having luck with rates by going into local banks/credit unions with their situation as opposed to internet shopping. Anyone recently got a mortgage with help from Mom and Dad?

July 21, 2008

thinking of Ditmas Park

Any comments about the victorian flatbush area from residents out there? We have one child and are thinking of purchasing something in the Ditmas Park area. Ideally we'd love a 2 family however we are not seeing many on the market in the SWARM. People must rent out part of those one families, even the smallest of those "victorian mansions" is huge. It seems like such a bargain in comparison to Brownstone Brooklyn. TIA for your input.

Author's Comments

7182713--you are completely correct, it is irritating.

Posted by: bqe1970 at May 12, 2009 9:45 PM in response to 2/3 Sold at The Jacksonia

williamsburgguy is presenting you with one possible negative scenario which i intend to rip apart blow by blow tomorrow when i'm not hungover. I say buy, I did, i love it over here, have two 2 families. Do you want to live in a crappy rental for the rest of your life? I'll take a risk and say everything will be fine 30 years from now. The condos will eventually fill up. Where is everyone going to go to find a better job? Detroit? There will always be renters here who need a reasonably priced apartment with a quick commute.

Posted by: bqe1970 at May 10, 2009 6:26 PM in response to Becoming a landlord

Over on Wythe a similar brick one sold in the high 800s, it was a complete gut job with foundation issues. I have not seen the inside of this one but it certainly is not that bad. Someone will buy this in the high 900s. I don't think the price of condos has much impact on this property. They are simply not building more brick 2 family row houses.

Posted by: bqe1970 at April 29, 2009 9:01 PM in response to Price Cut at 273 Berry Street

People, many have gotten rich doing seller financing. Have any of you looked at an amortization chart lately? What do you have lose? If this guy accepts a 10% dwnpyt and finances at 6%-it is a sweet deal at $999k for a couple with kids. It is pretty close to the Northside. It isn't a gut job. In fact, if I had an extra $100k, I'd try to buy it myself.

Posted by: bqe1970 at April 29, 2009 8:52 PM in response to Price Cut at 273 Berry Street

It was me. Yeah!!!!! That floor was beautiful I am glad you can save it.

Posted by: bqe1970 at April 21, 2009 7:27 PM in response to Marble follow-up

Mopar gives good advice. If you "walk on your security deposit" meaning you don't pay your last month's rent and let him keep the deposit, then you leave (having done no damage to the unit) he probably won't try anything. It wouldn't be in his best interest to chase after you or destroy your credit. You're gone, he can rerent the unit. If you continue to act the smart ass and cop a few months free rent, you deserve whatever is coming to you. It is bad karma to try to get a freebie citing violations when you were clearly smart enough to know what you signed up for. I wouldn't want to stay in an unsafe place either and it is best for you to move. Have you tried to sublet your place for the remainder of the lease? I don't think anyone has mentioned that possibility yet.

Posted by: bqe1970 at April 19, 2009 12:11 AM in response to Effect of Not Paying Rent?

I got a 4.875% on a jumbo but I paid a point, closed last week. I worked with Adam Dahill of Approved Funding on this board. The bank we closed with was Chase. Adam jumped through hoops for us and our situation on a 2 family. Can't recommend him enough, in my situation, I wouldn't have been able to get this rate if I pursued the banks directly. Believe me, I tried.

Posted by: bqe1970 at April 18, 2009 11:36 PM in response to Mortgage rates

"Typical. Landlords bend over backwards not to return the deposit. You can go to court and win like SC says. Then you have to collect." Seriously? I think it is more like tenants bend over backwards not to pay the last month's rent. This particular landlord is a complete dick if he is basing his reasoning on the 5 days. Or you are not being upfront with us on what state you left the apartment in and he nailed you on a technicality.

Posted by: bqe1970 at April 18, 2009 9:48 PM in response to Deposit on M-t-M Tenancy

Get them out. My kitchen has the same problem but if I open the glass door for 1-2 minutes I get fresh air and the smell out. I do this on freezing days, no big deal, it is only a minute. I can't imagine it is costing much energy, what cheapskates! Goodbye!

Posted by: bqe1970 at April 18, 2009 9:25 PM in response to excerpt from my tenant's letter:

Do cast iron baseboards really take much longer to heat up than aluminum fins? If I turn the heat on, the cast iron get hot pretty fast-maybe one minute longer than the old aluminum ones. I have not noticed the difference in warming up, but I have noticed the difference that the room stays warmer longer when the heat turns off. So if I made the room too hot, it takes longer to cool down. I'd rather have that problem than the other way around.

Posted by: bqe1970 at April 15, 2009 9:03 PM in response to Aluminum baseboard vs. cast iron

panda, indulge us, I want to hear a good one.

Posted by: bqe1970 at April 15, 2009 8:56 PM in response to stove exhaust for rental apt.

I've read the same about cast iron vs. aluminum being equally efficient. I changed mine to cast iron because I didn't like how dust and pet hair get caught in the fins. My experience is that the room feels warmer for longer. I have no scientific proof. I just have the plain cast iron baseboards that came primed gray and I painted them brown. They look nice, pets love them. Supposedly they take longer to heat up than the aluminum ones, but mine seem to get hot pretty fast.

Posted by: bqe1970 at April 14, 2009 7:20 PM in response to Aluminum baseboard vs. cast iron

Yep, same problem. My yard had 4 cars in it that they worked on so there is years of motor oil along with layers of trash. I picked out 3 garbage bags, but I keep finding more layers of rubbish. I am very interested in how you decide to remedy this. I keep finding glass and don't want my toddler or even my dog to run around on it yet.

Posted by: bqe1970 at April 14, 2009 7:13 PM in response to Backyard Soil Clean-up

Where should we send our email to if interested? I'd like to keep mine off a public forum. Thanks in advance.

Posted by: bqe1970 at April 13, 2009 11:16 PM in response to WATERWORKS TILE FOR SALE

I have a similar situation, the baking soda + hydrogen peroxide actually did do some good. More than Greased Lightning, Tilex, or clorox clean up with bleach. Try a few coats of a paste of baking soda and hydrogen peroxide 3% (reg store stuff). The above poster is incorrect about combining these two, they are fine, go ahead, strong but no noxious gas.

Posted by: bqe1970 at April 13, 2009 11:11 PM in response to renew bathroom floor tile?

Actually, Queens is awesome! In 5 yrs I may be there. Nice homes, great schools, easy commute. I can afford bklyn now with one child, with another I am Queens bound.

Posted by: bqe1970 at April 13, 2009 11:04 PM in response to where would you live

People please, everyone fleeing NY? Where are they going to go where there are more jobs? Detroit? Today Goldman Sachs said they were paying back Tarp funds cause it basically wasn't worth the strings attached. The best and the brightest will be here.

Posted by: bqe1970 at April 13, 2009 11:01 PM in response to Babs: 'Don't Ever Underestimate' New York

I did it, tedious but worth it for us. I thought the floor underneath wouldn't be salvageable but after it was sanded, poly it looked great. You have nothing to lose expect a day or so of work, give it a try.

Posted by: bqe1970 at April 10, 2009 9:07 AM in response to Removing nailed-in floor plywd

Every few years a passionate parent opens a place space like this and then finds out, it isn't profitable or loses interest and it closes. There is a need for these places and perhaps now that commercial real estate is cheaper, someone can run one a good margin. Orly's treehouse in Long Island which has incorporated the playhouse, cafe, kids classes with a day spa/haircare set up and memberships. Perhaps someone would start something similiar around here.

Posted by: bqe1970 at April 10, 2009 9:02 AM in response to Streetlevel: Kids Space Mamalu Shuts Doors

Did you read about the Economakis (spelling?) family who went through all that litigation in the E. Village to get use of a rent stabilized apt for his own personal use? I think they are all still in court.
A lot of people do accept the buyouts offered to them to move, so really it could work out in your favor or go terribly against you depending upon who you are asking to leave and what you are offering to expedite the process.

Posted by: bqe1970 at April 7, 2009 9:42 PM in response to Buying a Rent-Stabilized Bldg

I got quotes from Balkan, for me they were one of the highest along with Main Man. $2500 sounds great. I reread your initial posting, with a double duplex you may want to see if you need a one inch pipe or not.

Posted by: bqe1970 at April 7, 2009 12:17 AM in response to Replace street supply water pipe

Who ever does the job has to pull a DOB permit or they loose their license, it only takes a few days so that is not a big deal and certainly not a bargaining chip. Most people who do this job are trying to remove a violation from the city under a time limit. The permit thing has to do with them, not you. They are the ones breaking up the street.
Replacing the actual water main is only a one day job no matter who does it. For a few hours you won't have water, it is no big deal. They come back the next day and fill up the hole they left.

In the end, go with the cheapest who is not a fly by night company. They take out the lead one out and put in the 3/4 copper one. There is no aesthetics involved. I was told that a one inch pipe is a waste on a 2 family and not to bother, stick with the 3/4 inch.
I also got these crazy quotes that were all over the place. Maybe because I was a pregnant woman who looked like she didn't know any better? I mean seriously the shit they were telling me was unbelievable. Trying to qualify a ridiculous price saying that it was the cost of copper that is through the roof. I actually told that idiot that if that was the case then I would happily give him all my coffee cans of loose change to melt down.

Posted by: bqe1970 at April 7, 2009 12:04 AM in response to Replace street supply water pipe

I used Rollins plumbing. Main Man gave me a higher quote around $5k. My water main was not on my side of the street or something so it was considerably more expensive than the above quotes. I did this when I was pregnant and paranoid of the old lead water main.
My water pressure improved a lot. The filters on my reverse osmosis filter in my kitchen still get pretty gnarly looking and I find that in NYC I need to replace them every 3 months, not 6 months.

Posted by: bqe1970 at April 6, 2009 9:59 PM in response to Replace street supply water pipe

I am pretty frugal but I would beg, borrow or steal to get a real hardwood floor. My friends put it in their coop to save on costs and they regret it. It gets scratched up and once it gets dented you can't repair it. If you have hardwood at least you can sand and reseal the spot. It also added zero value to their apartment when they tried to sell. If you aren't going to move that may not matter. They always talk about how easy care it is, but how is a wood floor that much harder to care for if it is sealed? Also my parents have it in their home, they are elderly and super careful about caring for things. Even they managed to knick up the laminate. Laminates always come with 25 year warranties but what good are they? Who has actually tried to get their money back when their laminate gets scratched up?
Home Depot makes click together real wood floors, some are pre-stained and already to go if you want to do your own install.

Posted by: bqe1970 at April 6, 2009 9:21 PM in response to IKEA Flooring

If you sell the house just be prepared to rip it out and cap it. I don't understand how the buyer can sue you if they sign that $500 "as is" disclosure statement and you accept their $500 (most people do this in NYC at their closing). Perhaps someone, who really doesn't like you, calls 311 and you get a fine. I question the probability of a lawsuit.
I would not suggest doing this if you have a tendency to get flooded b/c the water can come up through the shower drain.

Posted by: bqe1970 at April 6, 2009 9:03 PM in response to Bathtub/shower in basement?

Just closed today on 2 family 3floors, garage Northside Williamsburg. Does not need a gut renovation but needs a hell of a lot of work. $1.1. I bargained, I pleaded I got the asking price down but I will always feel I overpaid. I feel like you are really paying for the land over here, more than the crappy fedder house you end up with. Love my location and garage, that's about it so far.

Posted by: bqe1970 at April 6, 2009 8:51 PM in response to Opinions-Northside Williamsburg

Napstar-owner Vinnie Napolitano.

Posted by: bqe1970 at March 30, 2009 8:07 PM in response to Electrical

I should specify why I did not like the install. I wanted to put in the biggest replacement window I could fit in the opening. My handymen would have been aggressive and cut out more of the old wood frame so I could have had an extra inch of window. RK will only install the window in the opening you have. They won't widen the opening for you, or at least they wouldn't for me even though I was just asking for them to shave off an inch of old wood.

Posted by: bqe1970 at March 29, 2009 9:57 PM in response to RK Windows in Greenpoint?

I replaced most of my windows on a 2 fam row house with RK. They also did a custom aluminum/glass door for me. They are aluminum, double pane, brown frame. I don't know why you want vinyl over aluminum? I understand wanting historic, but the vinyl ones I pulled out and replaced looked like an early '80s Sears special.
The windows are good. I wasn't thrilled with the installation and if I had to do it again, I'd hire my local handymen to do the install. Their prices are very good and the quality of window is better than home depot. The apartments are seriously quieter and warmer since the windows have been replaced. Two of my windows are from another local company and have a thicker outer pane, custom made for more noise control. The cheaper RK windows are just as quiet and look the same.

Posted by: bqe1970 at March 29, 2009 9:48 PM in response to RK Windows in Greenpoint?

I replaced most of my windows on a 2 fam row house with RK. They also did a custom aluminum/glass door for me. They are aluminum, double pane, brown frame. I don't know why you want vinyl over aluminum? I understand wanting historic, but the vinyl ones I pulled out and replaced looked like an early '80s Sears special.
The windows are good. I wasn't thrilled with the installation and if I had to do it again, I'd hire my local handymen to do the install. Their prices are very good and the quality of window is better than home depot. The apartments are seriously quieter and warmer since the windows have been replaced. Two of my windows are from another local company and have a thicker outer pane, custom made for more noise control. The cheaper RK windows are just as quiet and look the same.

Posted by: bqe1970 at March 29, 2009 9:46 PM in response to RK Windows in Greenpoint?

Same for me. I refused to pay the visit fee b/c the lady on the phone told me it would be free. They quoted me $22k to redo my first floor electrical and run a riser to the 2nd floor. Another local guy (but he was a licensed/insured electrician with is own small business) did the job for $4k. Another one quoted me $5k. I think Chris Jon's pricing is highway robbery.

Posted by: bqe1970 at March 27, 2009 9:17 PM in response to Electrical

wine lover is one of my idols on this board. He has given great advice about the burg with regard to schools, amenities etc. Please keep posting. I'm buying a place on the Northside.

Posted by: bqe1970 at March 19, 2009 11:28 PM in response to Lights, Camera, (Almost) Action in Williamsburg

wine lover,
Of the 3 new schools you mentioned, only one is public. The Montessori school that is opening is only up to age 6. Williamsburg Northside preschool is now going to 5th grade? Wonderful to hear that I have the option to be financially raped for $15k+ until age 10. God forbid I have a second child. For 30k+ I can afford to quit my flextime mom job and homeschool my kids, despite the fact that I might hang myself in the process.

Posted by: bqe1970 at March 9, 2009 12:37 AM in response to If we sell, can't afford to buy

If you find something rare, I would buy it. I'm buying now b/c I've been looking for over 2yrs and this house is fitting my family's specifications. What I know for a fact is that I haven't seen any other property like it in my search. I don't see anything great happening in the next few years but I'm not on the apocalypse train either. I figure if property values drop 50% like the naysayers on this site believe, everyone will be buying guns and declaring marshal law. Seriously people, even with a 10% unemployment rate aren't 90% still working?

Posted by: bqe1970 at March 3, 2009 7:38 PM in response to To buy now or not to buy now?

doesn't the title search bring up the curb cut?

Posted by: bqe1970 at February 11, 2009 7:53 PM in response to ECB Violatiion Private Driveway

sorry then, I was feeling touchy last week, I over reacted.

Posted by: bqe1970 at February 9, 2009 9:39 PM in response to 2 Fam purchase, estoppel letter

Williamsburg is full of kids and families. I know I'm one of them. I do not understand why are so many 1bdrms and studios. Did developers not see the strollers? 3 bedroom units are kind of rare.

Posted by: bqe1970 at February 7, 2009 7:57 PM in response to Toll Even More Serious Than We Thought About Price Cuts

I'm just trying to prepare for worst case scenario. I'll probably talk to her, she'll probably be fine, she can probably stay if she wants to. It is probably not worth the effort of renovating at this juncture. There is no lease and she's British so I can't really chase her to London to get 2 months unpaid rent, I don't know anything else yet about her status here. I want to keep my bases covered. I've given low rent to good tenants to keep them but they were always people that I screened and I always have a signed lease. Bxgrl, what's with all your piss and vinegar? That being said, I have a husband, a kid and a dog. I plan on being carried out of this next house, dead, feet first. So yes, this is going to be my castle and I am essentially, the lady of the manor.

Posted by: bqe1970 at February 4, 2009 6:56 PM in response to 2 Fam purchase, estoppel letter

The lawyer is going to send the letter to the other lawyer-who in turn, gives it to the owner to give to the tenant. The tenant has been there for years but she is paying way under market value rent. $1350 for a one bedroom one block from the Bedford L station. It is not a large apt,500sq ft good for one person or maybe a couple. She pays her own heat/hot water. Supposedly she is a great tenant, but who knows?

Posted by: bqe1970 at February 3, 2009 6:14 PM in response to 2 Fam purchase, estoppel letter

I painted some laminate cabinets with that product they sell at home depot, Cabinet Magic. They look great, but it was a very long tedious process. The finish is acrylic like and dirt wipes off easily, when it hardens and cures its doesn't look painted cabinets at all. You would want to tint the product the color of your choice.

Posted by: bqe1970 at February 3, 2009 4:52 PM in response to Painting Laminate Cabinets

We saw this house a few times and considered making an offer about 5 months back. It was not cluttered and the kitchens and baths are renovated (not my taste, but new/clean). Overall the family has kept the house in good condition. I don't know how much staging you can do with teenage kids around. I am surprised that no one has bought it. We decided it was just too long of a commute. Under 1mil it is a nice home especially if you have a big family. Pictures aside, I wonder if there is something else wrong with it. It was one of the better kept houses we saw.

Posted by: bqe1970 at February 2, 2009 7:53 PM in response to House of the Day: 1217 Ditmas Avenue

I just have a 2 family that I live in. When I go to rent the unit, I place an ad on CL with an "open house" a few nights for an 1-2 hours when I know I'll be home anyway until the unit is rented. I put my address on the ad. I do this so I don't have to answer emails, schedule appointments, make phone calls. I try to be as descriptive as possible and post a few pics. I feel that serious people will show up to see the place if there is no fee. In the past, the people who emailed me claiming to be great canidates, asking additional questions, requesting additional viewing times, never showed up so I quit responding to emails. I also charge $75 for the application fee and I check all the references. I tell people not to bother filling out the application if they don't think they will qualify, aren't serious about taking the place, the fee is for the credit check and my time and is non-refundable. I am happy to give them a copy if they want it. Photoshop makes it too easy to fake documents so I insist that I do the credit check myself.

Posted by: bqe1970 at January 22, 2009 10:41 PM in response to Soft Rental Market?

Hey neighbor, call me I'll give you the name of a plumber

Posted by: bqe1970 at December 2, 2008 5:19 PM in response to Question about heater

To answer your question I believe Williamsburg is a preferable place to live than downtown Brooklyn. Great restaurants, stores, parks. Williamsburg is full of new families, it really isn't hipster central anymore. All hipsters moved out to Bushwick. It is very baby-friendly in case you and your partner are planning on breeding.
Why not invest in a two-family and have some rental income? Certainly they are not making anymore 2 family properties.

Posted by: bqe1970 at November 19, 2008 5:47 PM in response to Williamsburg Edge v. Toren (Downtown brooklyn)

thick clear plastic and duct tape. The kind you can see through, it is sometimes a little hard to find. Some 99cents variety stores sell it by the foot on a big reel. If you use white duct tape and the insides of your windows happen to be white and do a neat taping job, it actually doesn't look completely hideous. What I used to do in my rental was save the pieces I bought/cut to size, and reuse it year after year. I never had luck with the hairdryer shrink to fit kits. Even when I did get it applied properly, it still felt drafty.

Posted by: bqe1970 at November 13, 2008 12:53 PM in response to Reducing Drqaft from Old Window

Been there done that. Did you have all the walls and ceilings tested with that "xray" gun? It is the only way to confirm and quantify where the lead paint is. When we did our place, the plaster ceilings had no lead, so did a lot of the walls that we had assumed been lead. You may not have as much as you think. Of course if you are breaking a wall with lead in it, the lead dust will go everywhere. Wet mopping with cascade is great and effective but getting your contractor to do that everyday is unlikely to happen. Best of luck.

Posted by: bqe1970 at November 3, 2008 5:09 PM in response to Pregnant and Renovating

I upgraded half of a 1900 2 family row house and it cost me $4000 so I'm in line with the above poster at about 4k a floor.

Posted by: bqe1970 at October 30, 2008 10:38 PM in response to Cost of electrical upgrade

I snuck one of these in my rent stabilized apt a few years back-I didn't tell my landlord. It was a complete pain in the ass. The "temporary" drain that you hang on the sink would fall off and spew water all over the apartment. The clothes were always wrinkly. I kept the machine maybe a month at most then I resold it. As the above poster mentioned at 65cents a pound, you really can't beat the wash and fold. Who wants to wash/dry a few things at a time every single day? Might be energy efficient but it is a totally inefficient expenditure of personal time. If I was not around when the drain came off I would have destroyed the hardwood floors.

Posted by: bqe1970 at October 30, 2008 10:35 PM in response to Tenant Wants to Install Own W/D

Williamsburg is not brownstone brooklyn but there are a lot of restaurants, ammenities, parks and the commute is fast. When you work long hours in the city, it is hard to argue with 10 minute door to door commute.

Posted by: bqe1970 at October 29, 2008 4:36 PM in response to Quote of the Day

I did this in my home a few years back and it cost around $3000 from California Closets. I did not get the high end finishes and the laminate up close looks pretty cheap. If I had to do it again, I would buy something from IKEA and have it installed, it would be cheaper and probably look nicer.

Posted by: bqe1970 at October 28, 2008 5:37 PM in response to Built in wardrobe/closets

Responses to Author's Forum Comments

BTW small claims courts in NY have really two parts. One is the arbitration part and one is before the court. People's court on TV is an arbitration part(sort of). In the arbitration part the hearing office/judge/arbitrator doesn't really have to follow the law, but they generally do. There is no appeal from what the arbitrator does(except for circumstances that I won't describe here). Before the court they do have to follow the law and an appeal is possible. The way it works in NY Small Courts is when you get to court they will tell you that either side can stand up and say before the Court and a Judge will hear the case when they get around to it which may be more than one night. They have many volunteer arbitrators available and you can chose to get an immediate hearing if you want...but you give up any right to appeal but it is your and your opponents choice...

Posted by: smeyer418 at April 20, 2009 5:08 PM in response to Deposit on M-t-M Tenancy

smeyer418 - Thank you for your comments. I agree that tenancy in this case is month-to-month. While daily or mid-monthly pro-rating might be a fair means to settle this rent dispute outside of court (should both parties agree), the law does not contemplate such an idea.

What I am most interested in is why you and others believe that the law holds that "the tenant is required to give the same [30 days'] notice." I am unable to find a statute or case law supporting this interpretation.

If such a law can be shown to exist, I am also interested in whether Tenant can invoke promissory estoppel on the grounds that: (a) Landlord represented that he would return the security deposit and (b) Tenant relied on this representation to his detriment. You seem to think not. I'd be keen to hear you elaborate on this view. I have consulted with some friends who are familiar with estoppel and they seem to think it may indeed be the best case. Although, they stress that the concepts of reliance and detriment will be both be difficult to demonstrate in court.

I also appreciate your insights into the legal realism of the matter. I am currently leaning toward small claims court.

Posted by: Sandrew at April 20, 2009 5:50 PM in response to Deposit on M-t-M Tenancy

what was the detrimental reliance? The Tenant announced that he was leaving. Just because the landlord says he is going to walk through before he decides and then says the notice was insufficient(within some period of time) doesn't mean anything as far as a promissory estoppel goes. So the tenant expected his money back that is not sufficient for detrimental reliance. Something more has to take place. I don't know what you told your friends or whether they are lawyers and/or whether they were just trying to get rid of you. promissory estoppel is more than I'll send you a check..

the mutual obligation is implied to make the law constitutional(you know equal protection of the law issues)...

if the landlord has to give the notice to the tenant to get the apartment back the tenant is under equal notice requirements in surrendering the apartment and ending his obligation to pay.

Posted by: smeyer418 at April 20, 2009 6:14 PM in response to Deposit on M-t-M Tenancy

Folks, almost every loft building in Bushwick is residential and all but three are illegal. Three have been evacuated by city order. Mostly the city turns a blind eye.

Posted by: mopar at April 20, 2009 6:34 PM in response to Effect of Not Paying Rent?

The facts [and commentary in brackets] relevant to my detrimental reliance argument are as follow:

1. Tenant gives end-of-November notice to Landlord in writing on 11/5, inquiring when he would get the security deposit back.

2. Landlord responds in writing on 11/5 that he will return the deposit after a walk-through on the move-out date. [I agree that this is not an unconditioned promise to return the deposit. However, any conditions a reasonable tenant would imply from this statement would necessarily to relate to the walk-through itself and not to the timing thereof, which was already understood by both parties to be in November.]

3. Tenant, relying to his detriment on the statement from his landlord that he would return the deposit, subsequently signs a lease on another apartment with a November 28th start date. [Key to this being detrimental reliance is whether Tenant would have (and could have) changed his move-out date to the end of December had Landlord instead told Tenant that he would not be receiving his deposit because he owed December rent. Additional facts important to the resolution of this 'what-if' are: that the Tenant had no arrangements for December housing at the time the representation was made, that Tenant was paying above-market rent on the apartment, that the Tenant had previously revised a scheduled move-out date with the same Landlord to no protest, that Tenant's primary motivation for moving was to pay lower rent for a similar apartment in the same neighborhood, and that Tenant was otherwise unconstrained from remaining in the month-to-month arrangement through December for a move-out date of December 31st.]

Your appeal to the 14th Amendment is interesting. I'll take that into consideration. Just out of curiosity, are you suggesting a heightened standard of review in applying equal protection here, or merely the "rational relation to a legitimate government interest" standard? That is, do you view landlords (as a group) as a "suspect" or "quasi-suspect" class (akin to race or gender, respectively); do you view the right to 30 days' notice as a fundamental right (one of these views being necessary for a heightened standard)?

Thanks again, smeyer. Your comments are invaluable.

Posted by: Sandrew at April 20, 2009 10:09 PM in response to Deposit on M-t-M Tenancy

sounds like a law student to me...I decline to give you a brief and not just advice...a brief you have to pay for.

Posted by: smeyer418 at April 21, 2009 3:47 AM in response to Deposit on M-t-M Tenancy

Bleach the entire floor. Should work.

Posted by: grip100692 at April 21, 2009 2:06 PM in response to renew bathroom floor tile?

Heh. I imagine I do sound like a law student (or perhaps an overconfident new lawyer). I assure you I am neither. My having a monetary interest and being a curious person are to blame for my persistence. And you can blame my college professors for my rudimentary understanding of the law (took a few elective courses on torts and employment law several years ago). I admit I asked for a lot, and you've kindly given me plenty go on. Thanks again for the advice and insights. If things get ugly, I may have to hire you for that brief!

Posted by: Sandrew at April 21, 2009 2:20 PM in response to Deposit on M-t-M Tenancy

I swear by baking soda. Nothing cleans my white farm sink better.

Posted by: traditionalmod at April 21, 2009 8:01 PM in response to Marble follow-up

Good for brushing the pearly whites too!

Posted by: grand army at April 22, 2009 1:11 PM in response to Marble follow-up