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I live in an apartment above a resturant, to which my

Customer Question
Hi. I live in...

Hi. I live in an apartment above a resturant, to which my landlord is the owner of. I live with my boyfriend and we did not sign a new lease but said we would after certain issues that need

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Yes it states that the landlord is required to fix items in this case its needing a vent in the bathroom and kitchen (he built over our windows a month after moving in and now there is mold growing in the bathroom

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

But my question realtes to a hostile living situation, that is what id like to ask

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
12/3/2017
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 10,428
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks very much for your patience. I had a chance to review your situation' however, I'm not certain I understand what your specific question is. What specific questions did you have for me?

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Customer reply replied 4 months ago
My landlord had one of his staff from his restaurant hand us a 30 notice to vacate due to us being late with rent(which in our lease is $10 a day past the rent date). We paid him with the late fee and he still had his staff hand us the letter. Legally did he create a hostile living situation? All of his staff knew what our landlord was doing and they are now blasting music and not making eye contact when they see us. Our landlord also said that he had soneone who wanted the apartment at the end of this month (Im thinking it is one of his staff.
Customer reply replied 4 months ago
We live in New York
Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. Generally, it's not something retaliatory if they hand you an eviction notice or if they are not making eye contact. Usually, those situations are reserved for when the landlord is doing things like making racist comments or denying a person access to a common area they would otherwise be entitled for no legitimate reason. In your case, there may be an issue of breach of contract if they accepted your late rent unless they had a reason to evict you legally.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me?

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