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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I need to speak to a tenants rights attorney.

Customer Question

I need to speak to a tenants rights attorney.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 9 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 30 years and have handled landlord tenant law for much of that time.

As you have asked to speak to a tenant attorney, I will offer you that and I will process that offer to you after I get this posted to your question thread.

After you accept my offer of the phone call, would you please provide your phone number? After you do that, please send me a quick Reply to let me know that you have posted the number, so I can call you.

Thanks in advance,

Doug

Customer: replied 9 months ago.
I just paid 54, is it just 8 more dollars to speak on the phone?
Expert:  LawTalk replied 9 months ago.

Hi,

The additional $8 gets you my undivided attention for as long as you need. Most customers find that a phone call is much more effective at getting all the information that they need for a successful understanding of their situation. It is also an entirely private conversation.

You are not obligated to accept a call. I can go back and forth in writing with you to assist you here in this thread, but I will need to know all the surrounding events to your issue, what your issue is and what you need to know.

Doug

Customer: replied 9 months ago.
You can call me at(###) ###-####
Expert:  LawTalk replied 9 months ago.

Thanks for your number. I will also need you to click on the accept icon to accept the call offer I made.

Then I will be able to call you right away.

Doug

Customer: replied 9 months ago.
My paypal account wont allow the transaction not sure why?
Expert:  LawTalk replied 9 months ago.

You can contact customer service at(###) ###-####and they can assist you in getting the billing issue resolved.

Customer: replied 9 months ago.
apologies working on it.
Expert:  LawTalk replied 9 months ago.

Not a problem. I am patient and I look forward to speaking with you to answer your questions.

Doug

Customer: replied 9 months ago.
On hold with paypal now.
Expert:  LawTalk replied 9 months ago.

Great.

Customer: replied 9 months ago.
Umm the reason why paypal is declining the payment is because its going to someone name Andrew Kurezig - your name is Doug. Is this correct?
Expert:  LawTalk replied 9 months ago.

***** ***** owns this site, and that would be the correct payee. I am just a user of the site, like you and I help people who ask questions.

Customer: replied 9 months ago.
Got it ....
Expert:  LawTalk replied 9 months ago.

If you need assistance navigating the system or if you have billing questions, you can contact customer service at(###) ###-####

Customer: replied 9 months ago.
Customer service wasn't able to help. They said it was paypal hence why I am on the phone with them. They can't figure out why I can't charge the money. They put me on hold again.
Expert:  LawTalk replied 9 months ago.

Alright.

Customer: replied 9 months ago.
Apologies but its just not working. They can't figure out why I am getting an error.
Expert:  LawTalk replied 9 months ago.

I'll make the offer again and you can see if it is working yet.

Customer: replied 9 months ago.
no its not working. I am not sure why and I tried 3 cards .....
Customer: replied 9 months ago.
I appreciate your help but if you can't help me via this ask question and response then I will need another lawyer. I am not sure why my cards wont go through when the 54 went through.
Expert:  LawTalk replied 9 months ago.

I can go back and forth in writing with you to assist you here in this thread, but I will need to know all the surrounding events to your issue, what your issue is and what you need to know.

Customer: replied 9 months ago.
My husband and I are terminating the lease at an apartment building in queens. We spoke with mgmt to see if this was allowed and we were told it was with 30 days notice 1 month's for cancellation fee and 1 last month's rent. I gave notice to them 2 days ago via email and haven't heard anything from them. We have been living through hell - pretty much since the moment we moved in we been dealing with noisy neighbors above us and below us. We have documented proof of the complaints with mgmt as well as video proof. When I gave my notice 2 days ago - I gave a brief synopsis of the events as well as dates of complaints who the complaints when to and the follow up. My husband called the mgmt office today and he left her a voicemail. We have yet to hear from them. We dont want to pay last month's rent because they have our security deposit and they can't give us a good explanation why we can't use it for that. This is what she wrote to me when I requested information regarding terminating the lease -"you want to early terminate your lease, your will have to do two things:
Give us prior written notice, at least 30 days prior to your vacating, on a full month’s basis.
Pay a lease cancellation fee equal to one month’s rent.
In other words, if you notified me today, February 8, 2016, the earliest they would release you from your lease would be March 31, 2016. If you notified me on March 2, 2016, the earliest they would release you from your lease would be April 30, 2016.
Upon receipt of written notification (which you could send by fax, e-mail or regular mail) I will send you Lease Cancellation Riders. You would need to sign them and return them with a certified check equal to the lease cancellation fee (one month’s rent) plus last month’s rent, plus any other outstanding monies due Landlord, if applicable. This would all need to be received within the first few days of the month in which you were planning on leaving and would be specified in the written paperwork I would send you.
You cannot use your security deposit for last month’s rent or lease cancellation fee."We gave notice 2 days ago - but plan to leave way before April 30th. We DO NOT want to pay that last month's rent because again they have our security deposit. I can also send you what was emailed to her 2 days ago.
Customer: replied 9 months ago.
This below is the email I sent to her -Dear JoAnn Muller,Pursuant to the email below, we are writing this letter as a statement of our intention to terminate our lease with 30 days notice being given starting today March 1st, 2016. After speaking with you we understand that this will require an early termination penalty of $2250.00 which equals to 1 months rent. However, in your email below you state that we can't use our security deposit for neither the cancellation fee or the last month's rent but I would like to know why we can't use this security deposit for the last month rent?I am not sure you aware of the hell we been living in your apartment building but maybe I should give you a brief synopsis of just that. We didn't intend to move out or break the lease but we had no other choice base on what we have been through in that apartment. When we decided to signed the lease for your building we were told it was "MANDATORY" for us to get rugs and/ or carpet to 80% of the apartment and we understood that completely. We were also very diligent in asking the broker you hired if the apartment was quiet and well taken care of and they were very adamant in saying "yes, its very quiet and the property manager is there every Tuesday and checks on the apartments" this was never the case from our opinion, neither did the property manager make sure we had rugs or carpet or was the building quiet. We spend an obscene amount of money buying rugs to follow your rules and not to say adding brand new carpet in the bedroom for $900 dollars. We soon realized when we moved in that quiet was really overrated in this building and some neighbors could really give a damn about being considerate to their fellow neighbors. Our first complaint about apartment #618 was on February 20th, 2015 via email to Katherine Felix but before that I went upstairs to speak to them on that Sunday after we moved in. I spoke to Jei and ask her if they could please stop making so much noise and that they were very heavy steppers. My personal face to face with her wasn't enough because I had to write an email to Katherine on 2/20/15. Katherine called me and said she had spoken to them, but that wasn't enough because the noise didn't stop on the other hand they got louder. My next written complain to Katherine was on May 7th, 2015 and the last one on December 14th, 2015 listing the dates & times of the noises along with recording on how loud they were. This doesn't include my text message to Jei on March 31st, 2015 regarding the noise which I still have. Katherine said she sent Allan to check on their apartment and that they need it more rugs/carpet on their apartment but that time wasn't enough. He went back a second time and they still didn't do what Allan told them. This is a whole year living like this and yes we could have moved out at the end of our lease but I called you before we signed the renewal lease asking if we could be month-month since we were now looking for a house and you explain to me that it couldn't be done and said the below. You also said you understood and that things happen and the lease can be broken with a cancellation fee equals to 1 months rent. Let's be honest here, I have only spoke to Katherine once and she has replied to my emails 2 times out of all the times I have written complaints. I have never been informed if something was done or what was the outcome, there was NEVER any follow up.However, not only did we have to put up with a year worth of noise from #618 which by the way hasn't change much. Then, here comes the new neighbors in Apt # ***** to put the icing on the cake for us. They have been hell ever since they moved in. We wrote two complains already; January 26th & January 29th. They are loud, inconsiderate & beyond rude individuals. We can't even sit in our own living room because we can't hear ourselves or our own TV due to their TV being so loud, or the music and parties. Now, the dog they have has issues. We are dog lovers but the fact that their dog howls are odd times of the night its ridiculous. It goes on for hours. Do you know what it is to come home at 7pm and have to hear music blasting off your living room, when all you want to do is sit on your couch and just be at peace? Do you know what it feels to be jolted out of your sleep at 2/3am by someone who all of the sudden decided to move or drag some sort of heavy object? I sent Katherine an email on January 29th with TWO recordings of music blasting - one was 8am and the other one past 10pm. This is the hell we been living through. Just yesterday I walk into my living room and we can hear the TV at 6AM!!!! There must be some sort of rules they have to follow but not sure what has been done here. I get that you can't teach people to be considerate or have respect for their neighbors but it is your job as property managers to maintain some sort of peace and quiet in the building.
Customer: replied 9 months ago.
last part -We have suffered from extreme stress and lack of sleep due to these issues which haven't been resolved to this day and hence why we are terminating the lease early.We understand we are terminating the lease and that you require a cancellation fee we are not disputing that but what we don't understand is why you can't use the security deposit as the last month's rent? We have no intentions of damaging the property and if you wish to do an inspection before we leave that is okay with us. We are not inconsiderate individuals and we simply are just asking that you put yourself in our shoes and feel our pain. We have been living a hell that no one should have to go through in a building such as yours. The stress that this situation has caused us is incomparable. We have no intention of staying longer that we have to and that is a fact. It is also a fact that you won't have any problem renting the apartment once we vacate because for reasons unknown to me the building is very sought after. If we can't use the security deposit for last month's rent does that mean that you are refunding us that money back?Again, this is our notice to terminate the lease as per your email below with 30 Days Notice.
Expert:  LawTalk replied 9 months ago.

Can you possibly condense that for me. please. You just posted a statement exceeding 1600 words. I don't need to know every single fact----but the important issues and specific questions you have.

Customer: replied 9 months ago.
I did with the first one? What can we do if they dont reply back to our notice? We have to leave no matter what. . Not sure why this isn't clear. I thought you want it facts.
Customer: replied 9 months ago.
We gave our notice 2 days ago and haven't heard from our mgmt company. They are suppose to send us cancellation riders. We have not heard anything from them as of yet and they can't explain why we can't use our security deposit for the last month's rent. We are leaving no matter what before April 30th.
Expert:  LawTalk replied 9 months ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

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