A (Favorable) Update on Landlord. Advice from savvy negotiators appreciated

[+ FreshFluff]

Lawyer sent the nastygram. Landlord expressed shock that I would hire a lawyer for a residential lease and tried to make up an accusation about remaining damage from an equipment malfunction in the apartment (his fault) from 2 years ago. (I had paid almost $1000 to repair it originally because I didn't want to deal with it.)

 

Now, his lawyer is asking for what I want for allowing him to let through one set of buyers--release of deposit? One month's rent plus a waiver on the damage issue mentioned above and a promise that a neutral third party will evaluate any "damage" to the apt when I leave. I could ask him what he's willing to offer and go from there.

 

For reference, the attorney charges a little over $300 per hour, and the monthly rent is about 12 times that.

 

P.S. In case I haven't mentioned it, I really your collective willingness to help me in that first thread.

 

(Oh and Landlord, if you happen to be here, I would have been more lenient about this if you hadn't treated the contract you signed as so much scrap paper. You put me through a great deal of stress over the past few months--and even before that--and I'm not letting you go without compensating me for that.)

[+ Travis69]

Glad things are working in your favor. Many years ago I rented from an condo owner. My experience was not as bad as yours but I learned never to do it again.

[maxwellissmart]

Lawyer sent the nastygram. Landlord expressed shock that I would hire a lawyer for a residential lease and tried to make up an accusation about remaining damage from an equipment malfunction in the apartment (his fault) from 2 years ago. (I had paid almost $1000 to repair it originally because I didn't want to deal with it.)

 

Now, his lawyer is asking for what I want for allowing him to let through one set of buyers--release of deposit? One month's rent plus a waiver on the damage issue mentioned above and a promise that a neutral third party will evaluate any "damage" to the apt when I leave. I could ask him what he's willing to offer and go from there.

 

For reference, the attorney charges a little over $300 per hour, and the monthly rent is about 12 times that.

 

P.S. In case I haven't mentioned it, I really your collective willingness to help me in that first thread.

 

(Oh and Landlord, if you happen to be here, I would have been more lenient about this if you hadn't treated the contract you signed as so much scrap paper. You put me through a great deal of stress over the past few months--and even before that--and I'm not letting you go without compensating me for that.)

 

I would also go ahead and get in writing a neutral/positive review of your history as a tenant—I would write it up myself, state that I always paid on time (assuming that you did), and whatever other positives that you want to throw in there, and get that signed by the landlord.

[+ FreshFluff]

Max, good idea. I always paid on time, and almost invariably 2-3 weeks early.

Travis, sorry you had to deal with this too. The problem is that all the really nice apts here are condos. I'm actually willing to buy at this point though, and I would have loved to buy this apt.

[Kevin Slater]

I'm actually willing to buy at this point though

 

It's a great time to buy. We're in an odd situation where both money and real estate are cheap.

 

Kevin Slater

[Guest countryboywny]

Great news FF! I hope all continues to work in your favor.

[+ FreshFluff]

Thanks, CountryBoy. What would you ask for if you were in my position?

 

(The complicated part is that I really like the apt view and the high ceilings and I'd like to put in an offer of my own. (There are other apts like this, but don't know if I will find one.) But, I don't know how this will complicate everything--and because anonymous attorney offers are uncommon for condos of this size, he'll almost certainly know it's me.

[maxwellissmart]

Thanks, CountryBoy. What would you ask for if you were in my position?

 

(The complicated part is that I really like the apt view and the high ceilings and I'd like to put in an offer of my own. (There are other apts like this, but don't know if I will find one.) But, I don't know how this will complicate everything--and because anonymous attorney offers are uncommon for condos of this size, he'll almost certainly know it's me.

 

Oh, and I'd just cut to the chase about the "damage" stuff and get all parties to agree that you're not responsible for any damage current to the apartment other than normal wear/tear (paint scuffs, minor cleaning, etc), if you can get it. If you have someone in a desirable position, you might as well work that to your advantage now, as opposed to trying to get some jerk to do it later.

[jackboy48]

Buy the Place!

 

I'm glad things have worked out for you. I had some concern about allowing your landlord to take so much advantage of you in the past, and having that fuel your current anger. Several years ago I rented a condo in a beautiful neighborhood. I was relocating and the market was "hot." There were actually lines of pre-approved buyers at some open houses, and at one point I was writing a deposit in the kitchen while someone was beating me, by writing one in the living room. I ended up renting a condo to stay in the area, but my landlord turned into a total freak. She made frquent inspections while I was at work, and had no shame in leaving me notes about my kitchen organization, etc. I also ended up being made to split the cost of a new disposal, and was almost crucified for having a loose tile in the shower. The market suddenly cooled and I went looking. When she realized that I was probably going to leave in a market where both sales and high end rentals were going downhill, she mentioned that she might be interested in a sale. I loved the condo and contacted an agent to do the negotiations. The landlord was surprisingly easy to work with, and after only a few back and forth offers, we reached a very good deal. I ended up paying a little less than what I thought was the actual value of the condo. The fees were very reasonable in comparison to packing and moving. She was cordial to my agent and we signed our contracts at different times so I was spared any final encounter. The point is that you should consider buying your unit, business often trumps crazy. I also became a hero to my neighbors.

[JoeBlow]

FF, Good for you for standing your ground. Thanks for the update.

[+ FreshFluff]

I'm glad things have worked out for you. I had some concern about allowing your landlord to take so much advantage of you in the past,

 

Thanks. But without an attorney (and thus the implicit threat of litigation), there wasn't much choice but to roll over. Anything else would have led to his screaming and then ignoring me.

 

Let's say I protested the furniture dumping. He would thinks "Well, what is she gonna do about it?". He would have screamed that he can do whatever he wants, if I don't like it I can leave, etc. I could report him to some city agency that would take months to respond. I could threaten to sue, but without an attorney, he knows that's an empty threat.

 

Of course, if I were a scary looking dude with a gun or had one for a boyfriend, I wouldn't have needed the lawyer.

 

Regarding buying, the issue is that I don't know the prices of comparables. There's an RE agency nearby with a window display of condos for sale, but many aren't truly comparable, plus those are sticker rather than real prices.

 

Regarding buying, the major issue is that I don't know what the comparables look like around here. I know an RE agent who cou

[+ FreshFluff]

Even though this is a favorable development, I'm getting a stomachache over this. Like many academics, I hate making decisions--to buy or not, what to ask for, etc. I wish I had a smart spouse to make them for me. I've got some Xanax, but I try to avoid that stuff because it makes me sleepy.

[maxwellissmart]

Even though this is a favorable development, I'm getting a stomachache over this. Like many academics, I hate making decisions--to buy or not, what to ask for, etc. I wish I had a smart spouse to make them for me. I've got some Xanax, but I try to avoid that stuff because it makes me sleepy.

 

I know what you mean—I've got some major decisions coming up in the next couple of months and feel like I have no one to turn to if I need help. Try thinking about your issue in small chunks rather than attempting to absorb it all at once. Take some baby steps (expose yourself to the idea of home buying, go to open houses and just look around) and see if that doesn't get you excited about your ultimate goal. If a decision doesn't seem right at this time, then do something else. That's the great thing about being an adult—you get to call the shots for the most part.

[Diverdan]

Check with the Better Business Bureau in your town for a list of reputable realtors who specialize in Condo Sales. You can easily find comparables. Further, in addition to your attorney working for you, always consider "small claims court" as you can go and represent yourself or have your attorney go with you. SMCs are usually favorable to an agrieved party. Also, if this condo owner is in the business of buying codos and then leasing or reselling them, you should absolutely file a report with the Better Business Bureau about your situation. Good luck and glad to hear that things are improving a bit... but the lease is key, and if the owner violated the lease you have, you can sue big time for damages, garnish wages, attach bank accounts and all sorts of things that will make that person's life as miserable as they made yours.

DD

[+ Travis69]

Zillow.com is useful in real estate. Shows selling prices, taxes, etc. As you live in a condo building, enter your main address and it should show all the units that are for sale and sometimes gives you the value for the ones already sold.

[Lookin]

Seems like you've got his attention if his lawyer is asking you what you want in return for making it easier for him to sell the place. It also seems like the easiest way for him to sell the place would be for him to sell it to you. Those two things together sound to me like the beginning of a deal.

 

Why not run that by your attorney and see if (s)he can advise you, or recommend someone who could help you in putting together an arms-length purchase agreement with your landlord?

 

For the sake of your stomach lining, I'd recommend that you keep your own personal involvement with the landlord/owner at the bare minimum. An experienced intermediary would be the next thing I'd be looking for if I were in your shoes.

 

Also, getting your financing lined up now would probably be a good thing to do. Not sure about New York, but it seems the better you grease the skids, the more attractive you will be as a buyer.

 

 

http://us.123rf.com/400wm/400/400/lisafx/lisafx1102/lisafx110200003/8869151-pretty-african-american-woman-has-just-won-a-lot-of-cash-money--isolated-on-white.jpg

 

 

Good luck!