Legal Advice, Landlord Harassment
 

This is not really the right place to ask this but you all are the only community I am active with

So is anyone a Layer / Friends with a Layer / Know a lot about rental laws?

Recently I have had a bit of a back and forth with my landlord (Management Company)

It started when they scheduled pest control to re-do the roach proofing, totally normal they do this once every two years or so?
Anyway I received a notice that during the roach proofing it was noted that my apartment was “Unsanitary” and was a breach of my rental agreement, I was given notice to clean the apartment and they would do a follow up inspection.

Now, no judgment
I’m not anywhere near a neat freak. I’m totally happy to live in my own filth and I will admit it did look similar to a trap house, and I had collected a large pile of cans (not beer) due for recycling.

But I still couldn’t help but feel this was an overstepping of their boundaries

I cleaned the apartment thoroughly for the inspection

Now, nearly a month after said inspection I receive another notice RE: Alterations, that says “after conducting an inspection of your unit it was reported that you have placed a bed in the living room.” And that it is a breach of my rental agreement.

[Renter shall occupy and use the premises in the manner in which they were designated and intended to be occupied and use.]

It’s a one bedroom apartment

Can they legitimately tell me how to arrange my furniture based on that vague blanket statement?

Do they really think I’m subletting my bedroom out to someone to store tools and car parts that are obviously mine? It’s the only bed in the whole apartment; I really prefer it in the “living room” closer to the air conditioner.

I feel like they are harassing me in order to get me to move out of my apartment, and that would make sense, I have had the apartment rented since 2012. If I were to move out they could remodel the apartment and rent it to the next person for $400 more a month.

The unit in the building that they have listed is quite a bit nicer/ with newer appliances (dishwasher) $400 more than what I pay.

Is there any legal action I can/should take? Or should I just move the bed and hope that’s the end of it?

New York Landlord here.

Let me get this straight.
1. You were notified of the scheduled pest-control.
2. Gave you notice of unsanitary apartment during pest control walk through.
3. One month goes by.
4. Notice of bed in living room.

In between 3 & 4 was there another inspection? Were they in your apartment without consent? How did they know about the bed? Did the inspector just randomly remember about the bed from the first inspection?

They may be trying to get you to move out like you said however, without seeing your lease, this is my opinion: Read your lease.

If it is in your lease that you must have the bed in the bedroom there is nothing you can do but move the bed into the bedroom or move out. If I were you, I would calmly explain to the landlord that the bed is only there BC of the AC. See what they say. They likely have that rule for fire code or to prevent sub-leasing.

No they never entered without consent,
They knew the bed was in the living room after they did the unsanitary apartment inspection, I was not present for the inspection and there was no communication after the inspection (so i assumed everything was fine) nearly one month ago

Until yesterday, i received the notice about the bed in the living room

Nothing in my Lease specify anything about having a bed only in the bedroom except for the vague statement above in bold.

I'm no lawyer, but I am afflicted with common sense....

They come to treat and inspect for cockroaches and find the condition of the apartment is conducive to breeding them, so they have you correct. They are within their rights on that one.

Your lease basically says "a bed belongs in the bedroom, a couch belongs in the living room so please keep it that way" and you don't, so again that's within their rights. Now nothing keeps you from having a sleeper sofa and sleeping on the couch I suppose.

I don't think they think you are subletting your bedroom, I think they just know you aren't following the lease and they can't allow you to violate it without causing issues with the way they treat other tenants for the same violations.

The only legal action you have as far as I can see is move to a new apartment that doesn't have the same restrictions.

I have this same argument with one of my sons who is living at home. If you want to leave your shoes by the door instead of taking them to your room so we don't trip over them then you need to move somewhere that allows you to do that. It can't happen here.

Dadhawk said it better.

If I were You, knowing that they can get an additional 400 a month for my place if I move out, I would do as the landlord suggests no questions asked. You do not want to be on the forefront of the landlords mind in this situation.

But even in Dadhawk example (even if it was meant for a giggle) his sons actions are affecting others, my bed in the living room is not.

I wont be bullied out of my apartment, if i move it will be my choice..

If the worse thing i can do is keep on renting my apartment, then hell ill rent the thing tell the day i die.

Thanks for the response guys

You have no proof other than your own assumption that they are trying to force you out. I have no idea why they feel that a bed has to be in a certain room but if they are trying to use that as leverage to bully you out then they picked the weakest possible argument ever. Every thing that people do is not some conspiracy or hidden motive. As noted they were correct in ordering you to clean the place up and if the rules say bed in bedroom then that is that. Nothing you said shows any indication that they are trying to do anything more than have the rules followed.

What kind of proof would you suggest i have gathered?

Your right it's an assumption,
Just seem to me like they are overstepping there bounds..
Maybe, to make it inconvenient for me to live there.

Whats next? I cannot have a TV or computer in my "bedroom" because those are Living room / Office furniture respectively
They certainly are within there rights too under there blanket statement

Ill ask them for a comprehensive list of furniture and there aloud locations in the apartment

I am a layer expert

https://media1.giphy.com/media/z7phPIigymUpy/giphy.gif
When it's cold it is always better to have multiple layers in case you get hot so you can take some off.


But I'm no lawyer so can't give you legal advice, sorry buddy.

I have been thinking about this. And have read everything I could find online.




They are laboring under the delusion that your "couch" is a bed. When there is no legal definition of a Couch. Who's to say that your couch can not be flat.

Yea, the bed in the living room seems a bit much but your lease does say that's "not acceptable" so they could use that as a thing against you although that seems flimsy at best. It's a "if you are going to live under my roof you VIP_BRZ" speech kind of thing.

The cleaning up though is more along the "impacts others" route. You may not see it, but an infestation has to start somewhere, it doesn't respect walls or realize its supposed to stay in the "messy" apartment. But, I think you that which is why you did the right thing.

I suggest you just buy a window A/C for your "bedroom" and move your bed back in there .... :iono:


humfrz

Follow rules, problem solved.