Landlord Broke Into Apartment
This is what happened, you tell me if it’s legal. I got home today and could not unlock my deadbolt- then I unlocked the bottom lock and the front door opened. After looking at the deadbolt I realize that it is a completely different lock. Once I get into my apartment the kitchen is trashed….
This is what happened, you tell me if it’s legal.
I got home today and could not unlock my deadbolt- then I unlocked the bottom lock and the front door opened. After looking at the deadbolt I realize that it is a completely different lock.
Once I get into my apartment the kitchen is trashed. Meaning : the counter and cabinet on the side of my stove has been taken apart and what was on the counter and in the cabinet is scattered all over my kitchen, and there is a huge whole on my wall exposing a pipe.
After asking my super/landlord for repairs for the past 20 days (and working from home, and checking with him every day on when the repairs will be made) The one day I go to work the super/landlord shows up, breaks into my apartment, changes the locks and doesn’t even repair damages.
He never called me asking for permission to come into my apartment, and didn’t even ask for a copy of my keys; Believe me I would have even stayed home if I had to for them to fix the damaged pipes.
How legal is what he did? Break into my apartment without notification, change the locks, not clean up after construction work was done in my apartment, not leave a note or anything, and leave metal dust all over the floor from when they sawed through the deadbolt lock?
Thank you, I appreciate any advice or knowledge.
Jaguar,
Did you just quote Billy Bragg? Love it.
Landlord’s a douche. Withholding rent and such not best counsel.
Thank you everyone for your opinions/advice. I apologize for any grammatical errors, as English is my second language and my skills are still improving. I also apologize for not filling in the gaps in between comments, as I was working the late shift and did not have a chance to access the computer.
For the record, the apartment is rent stabilized. I believe I have been a good tenant for the past 4 years. Paid my rent on time, am very friendly with the landlord, my neighbors, mailman.. I have a pretty good relationship with many people I meet. Meaning, I have always treated my landlord with respect, have only tried to be helpful in any repair scenario relating to our building- If its either posting notifications for him, opening the door to workers etc. So my attitude when approaching him is not as if I feel entitled to anything but the services in exchange for my monthly rent. And I just want to be as helpful and available as I have to be for the work to be done as soon as possible. The current situation is in my own apartment, so I want to be available for the work to be done sooner rather than later.
There had been a previous leak in a gas pipe that had been shut down for a few weeks- so the situation was not an emergency. The landlord was having a very hard time giving me specific dates or times, even if it was a window, on when work was going to get done. Like he has done in the past, I assumed he would tell me when the plumber was going to come.
I basically wanted advice so that I could defend myself when I confronted him to talk about what happened. So that I would know to tell him what he did was probably or maybe illegal, and that I feel like it was not necessary to deal with the situation as he did. I just wanted to inform myself before I spoke to him and maybe even inform him on laws that he might not even be familiar with.
I am not going to go and call the police. Although I have been advised to file what I believe is called HP action against the landlord. But I am still doing research on how to go about it and if I feel like I will gain anything from this.
Also, the time that he broke in- repairs were not even completed. A pipe was replaced, yet there is a big hole in my wall and am missing a counter/cabinet. So repairs are still needed. He mentioned the plumbers might come today to finish up- Well they didn’t. I am still waiting, and he said he was not sure when they were coming back. Now that he has keys to the new deadbolt, to which the key copy he made me didn’t work ( I had to go back 2 times to get a key that would work on the lock) I am afraid he will feel at liberty to come back when I am not here to make more repairs.
I understand that he does have the right under certain circumstances to come into my apartment after giving me notice unless it’s an emergency. But I feel more comfortable being here when work needs to get done- and I am very flexible and can arrange to be home at a needed time.
Thank you all very much for taking your time to respond to my post.
Northridger- Despite what you think- my life has not been wine and roses. Just like everyone else- things have happened to me in my life. But not like everyone else- I have to try and maintain perspective. Would I be pissed- of course- but really- what would I do in this situation other than talk to the landlord- work things out- or just move?
Your withhold rent suggestion? That’s great advice (sarcasm here just in case).
Of course, we just have one side of the story. And we don’t even have that. It’s strange that the OP hasn’t filled in the gaps and lack of clarity that some posters have noted.
It’s not directly relevant but there’s a 99% chance that this is RS or RC. Both these parties have probably hated each other for a looong time.
There are a lot of litigious people here. Oooppss, I forgot, this is New York City. What the hell is going to be the outcome of suing anyone??? you really think you’re going to get damages that even pay for your legal fees.
I still want to know if this is a RC or RS apartment.
vinca,
I appreciate your knowledge and help to posters here. In response to Smokychimp, I gave my interpretation based on Illegal Eviction Law
NYC Administrative Code § 26-521. Unlawful eviction.
“a. It shall be unlawful …
(3) …; or changing the lock on such entrance door without supplying the occupant with a key.”
http://www.courts.state.ny.us/courts/nyc/housing/unlawfuleviction.shtml
Changing lock as an illegal eviction is different from changing a lock and supplying a key. Before I’d do something questionable like change a lock without tenant consent, I’ll consult my attorney. Thanks.
Uh, LL can change a lock, as long as they give the tenant the new key. Getting legal advice from the precinct house makes about as much sense as, oh, getting advice from a blog.
I too wonder what OP wants to do. Seems clear to me that the LL was in the wrong. Any cop who arrests the LL based upon this scenario is going to have a taking to administered by his/her captain. Anf I guess the tenant could go to a court street lawyer and get some advice. But what are the damages? Seems to me there is a lot of chatter about what aspect of the LL actions were incorrect without much consideration of what the remedy should be.
The LL screwed up – but seemingly for a good reason of fixing propblem. The LL should restore the apartment to its previous condition, apologize and maybe buy the tenant a dinner.
Just buy a brownstone at half off. Oops, can’t find any!
Just move.
***Bid half off peak comps***