Legal Question in Landlord & Tenant Law in New York

Is harassment by landlord legal?

We live in an apartment, that we rented from the former owner. They were fine. Now we have a new landlord, a young couple, he about 35, she's about 22. They wanted to put everyone out at the time, but the landlord has kept accepting the rent, which we pay promptly, my kids are well behaved and we are a quiet family. they live above us. I don't mind kids running around and understand that. The problem is the wife, she wants us out, so all day long she pretends that her kids are dropping things on the floor...it sounds like large rocks, the floors are all wood, no carpet, but when we holler after awhile she jumps up and down on the floor as hard as she can!!! A little immature I would say. I work alot on the west coast and not always here. We can't afford to move at this time, as we're looking for a house. what rights do we have to stop this? how can we prove it in court? I have tried to talk to the husband, but to with no results as he works and doesn't want to bother about her. thanks for the help Tom([email protected]


Asked on 10/20/05, 1:15 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Is harassment by landlord legal?

You are correct, you do have a problem.

The first thing you must do is develop a body of evidence.

1. begin a log book. write down each time/date when the wife begins her antics. Also write down where your children are and what they are doing.

2. Establish a time when the wife is likely to create a problem and make sure that a friend of yours is present in your home. Then have the friend write down the time/date and the fact that there was no undue noise from you or your children.

Get about 3 months of the log recorded.

Now you are prepared for anything the woman may do and you can get back to me on possible legal action.

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Answered on 10/20/05, 4:29 pm


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