Landlord shut off my water and wants us out?

I am having a problem with my landlord, I do not owe him rent as he is refusing the rent, I have both my sept and oct rent in the form of blank money orders. I do not have a lease, landlord brought troopers and said we are squatters, but it was established that we were living there with the LL permission, LL send the electric company to turn the lights off, but we got it in our name to prevent the shut off, LL called Child protective services and file a false, LL is harassing us, he brought another tenant to move in and they sit around the yard everyday for the past week and has brought a truck load of their furnitures and it's placed in the garage, the cops are aware of what's going on. 10/06/07 around 1:30pm .LL shut off my water, I have a lot of kids in the house, I called the troopers and they told me it's his house and i should move out, plus it's a civil case and i'll need to take him to court to get the water turn back on, i live in upsate ny in a rural area.
Additional Details
LL was given 2 months security advance deposit when we moved in, we have been there since the beginning of 8/07, with the lease starting he beginning on Sept 07, but then the LL said he had a fight with his wife and he wants the house back, this was done around Sept, and he has been harassing us since then, I do not want this guy to think he can get away with this type of stuff against people, 10/6/07 he said he has had enough and i need to get out, i told he is going about everything the wrong way and if he had come to me in another manner, i would have been out, and he got really upset and wanted to punch my husband, so he give me a notice 10/06/07 stating that i have until 11/06/07 to leave, the notice is not dated and the person that give it to me was the caretaker of the property, right after he shut off the water, the LL do not live on the property but the notice said he lives there as well. is any of this legal and will i ever get back my security deposit. he refuses the rent

You have rights, regardless of what your landlord say to you, he thinks because you do not have a lease, you have no rights, but this is NY and you have rights.. Go out and buy some bottled water so the kids can have water, take the kids to the ymca or so and they can take SHOWERS, go to the laundry and get your clothes washed, keep proof of everything you do and receipts of everything so you can stick it to him in civil court. he just give you 30 day notice yesterday so you don't have to move out by 11/6 because he is supposed to give a full month from when your rent is due or was supposed to be due. your lease was supposed to start at the beginning of sept, I assume it would have been the 1st, so the 30 day notice will not take effect until 11/1/07 , so legally you have until 12/1/07 to move out before he can begin the actual court eviction process, but if I was you, I would find A PLACE FOR THE KIDS, maybe a relative , a friend or someone that you can trust and have them stay there until the water is turn back on. Keep the money orders as you will have to pay it in court anyway, do not spend it, keep all the rent so the judge will see that you're not trying to get a free ride. Call the troopers back and tell them that it is a criminal violation of the RPAPL and they need to do something, or ask to speak to the supervisor and still no help, then file a suit against the troopers, the town or whoever is at fault for not taking action, call the dept of health as water is a vital source of humans survival, you need the water to flus toilets, mop floors, in all sense you need it for hygiene. I don't think he will give you back your security deposit as he will find something damaged, so take pictures of the place before you leave, and you said you have written permission from him for the improvements, take that to court with you as well, that should also prove that you are there legally, do whatever youn have todo and get that water back on, send the landlord a letter by certified mail , return receipt requested, telling him about the water shutoff , so this way u have proof , as he may lie and say that he didn't do it, too bad it's a long weekend and courts will not be open until Tuesday. Tkae pictures of the people sitting in the yard, take pictures or record harrasment, start getting everything ready for court, get signed letter from all the agencies and utilitiy companies involved, build a strong case AGinst this jerk AND GET HIM FOR EVERYTHING HE'S DONE TO YOU AND YOUR FAMILY...Last but not least hire a lawyer on tuesday morning so they can get the balll rolling and in the meantime stay strong and hang in there and have faith... Happy to hear that you're buying your own home, power to ya

thats illegal what the landlord did. shutting the water off will cost him. you can sue him in court, if he wants to evict you he has to do it the proper way through court.
even if you have no lease you are a tenant of record, keep proof of all the rent you paid, make sure he has no access to the house via key, so he even tries to move your stuff out that is a lockout and he will get arrested.
this landlord is threading on very thin ground he must get you evicted, that is a long process too, and it will take time. meanwhile go to the court to prove he violated the law by shutting the water off.
that is illegal why isnt the cops arresting him for that is beyond me.

law is on the second page of the link below

The first thing that you need to do immediately is contact an attorney, if you cannot afford an attorney go to the nearest Legal Aide office in your area.
Second thing you need to do is get a copy of the landlord/tenant rights and responsibilities, the local office of your States Representative or Congressperson should keep a copy of this in their files.
You could also visit this website for some information: http://www.tenant.net/Rights/renters.html
I found this paragraph there: Harassment is the persistent denial or interruption of an
essential service or services, such as heat or hot water, or
abusive conduct by an owner [or an agent of the owner] which is
threatening to a resident or is intended to get a resident to
move out of his or her apartment.

If you are victimized by such conduct or an attempt is made to
require you to give up certain of your legal rights, a finding of
harassment may be reached by a court of law or an administrative
agency.

There are tough penalties imposed on owners who harass tenants.
Guidelines on how to obtain relief from harassing owners are
explained in the section of this booklet entitled, "Your
Remedies."
ADMINISTRATIVE PROCEDURES

Both rent controlled tenants and rent stabilized tenants should
contact the State Division of Housing and Community Renewal
(DHCR) for information about the housing laws, and for
administrative relief in the event of a tenant-landlord dispute.

Tenants can initiate complaints with the DHCR on the following
topics:

-- rent overcharges;

-- fair market rent appeals, contesting the first stabilized
rent charged after a rent controlled apartment has been
vacated;

-- review of the maximum base rent (MBR) and maximum
collectible rent (MCR) for controlled apartments;

-- failure to renew or offer a renewal lease for a stabilized
apartment;

-- harassment by an owner or agent;

-- reduction in rent because services are decreased (separate
complaint forms are used, depending on whether the service
decrease affects only an individual tenant or is building-
wide);

-- reduction in rent because of failure to maintain heat and/or
hot water;

When filing a complaint about a reduction in services or lack of
heat and/or hot water, be sure to check the box on the form
specifically requesting a rent reduction. All complaints must be
filed in duplicate. Be sure to keep a copy of any complaint filed
with the DHCR.

Complaint forms may be mailed or hand delivered to the borough
rent offices or to the central DHCR office in Jamaica, Queens. If
mailed, complaints should be sent by certified mail-return
receipt requested to provide proof of delivery to the DHCR. If
hand-delivered, have your copy date-stamped "received" at the
DHCR office.

Once the complaint is received by the DHCR, a docket number will
be assigned to the case. Thereafter, a rent examiner will contact
both the person making the complaint and the landlord or managing
agent of the building by mail for more information.

The forms for initiating complaints are available at the borough
rent offices of the DHCR. They are often also available from the
offices of State legislators.

ADMINISTRATIVE SOLUTIONS

The Division of Housing and Community Renewal is mandated to
enforce the rent laws, and to respond to tenant-landlord
disputes. Its powers include ensuring that rent overcharges are
refunded (an earlier section of this handbook addresses rent
overcharges), that services are maintained and that provisions of
leases are enforced.

Because this is a quasi-judicial proceeding, it is important for
the person making the complaint to be as thorough as possible in
explaining the problem. However, a tenant does not need to submit
proof when filing a complaint. A reasonable belief that a
complaint is valid is sufficient reason for a tenant to submit a
complaint form.

DHCR conducts a quasi-judicial proceeding in which a rent
examiner gathers evidence from all parties to a dispute, and has
the authority to require that all pertinent evidence in a case be
submitted for consideration. Most cases are handled entirely by
mail, occasionally hearings are scheduled. Tenants will be
notified to appear in person, or with an attorney, for a
conference shortly after filing harassment complaints.

If the person making the complaint fails to respond to a rent
examiner's request for documentary evidence, the complaint may be
dismissed. If a landlord fails to respond to a request for
information refuting the complaint, the complaint may be granted
on default. If you have complained about a reduction in services
and you are notified about an inspection, be sure to give the
DHCR inspector access to all affected apartments.

When the case is decided an "order" is issued. The losing side
has the right to file a Petition for Administrative Review (PAR)
to appeal the decision. A PAR must be filed within 35 days of the
date the order was issued and it must be filed on the DHCR's PAR
form.

LEGAL ACTION

Emergency problems demand fast action, and in these situations
the administrative procedures will probably not be able to give
you the quick solution you need. Under these circumstances, you
may decide to seek legal redress in Housing Court.

If you must appear in Housing Court, you should consult an
experienced tenant organizer, legislative office, or attorney in
order to assure that your rights are protected and enforced.

Tenants appearing in Housing Court must be careful to document
all aspects of the case being presented. Before going to court,
you should explain the nature of your complaint to your landlord
in writing, and mail the information via certified mail-return
receipt requested. Keep copies of all correspondence!

If you get no response to your complaint and you believe it
involves code violations, call the HPD Central Complaints Office
and ask for an inspector to be sent to your apartment. The
inspector will file a report on the visit which you can obtain
from the NYC Department of Housing Preservation and Development's
Division of Code Enforcement.

If your problem is visible, take photographs. If your complaint
concerns insufficient heat, record the temperature both inside
and outside your apartment. If other tenants have similar
problems, ask them to join you in making the complaint.

You can initiate a legal proceeding yourself, or you can withhold
payment of your rent as a device to force your landlord to take
you to court. In either event, your tenancy will be protected,
but it is important to follow the procedures explained in the
following sections.

Whether or not you have a lease, I do hope that you have kept copies/receipts of any monies that you have paid to this man.
. Good Luck

yes you do have rights as a tenant, i would contact a lawyer to find out what you can do, but why is doing this to you, how long have you lived there, and why can't you find some place else to go, i would not to live or have my children around such a hostile environment

sorry but no lease means only a 30 day notice is the only thing required. He has the right to call the sherrif to have you moved out. It is a civil matter.
The thing your landlord is doing wrong is not having you served with eviction papers...and his behavior is ignorant and wrong but you are also breaking a law.

sounds to me this landloard is a butt head and if your paying your rent he sould leave you alone

Contact an attorney NOW. It is illegal in ALL states to shut off water to a home that has people renting it.

it is house, if you are month to month you really have no recourse, why would you want to stay there anyway , it will never get better and eventually you will be out, leave with your dignity, I will say however that unless the water is in his name he can't shut it off. I would first call the health department that should get it turned back on quickly. If is refusing the rent it is the same as not paying and he also knows the courts does not allow deposits to be used to pay rent unless expressly agreed by both parties, he has essentially evicted you all that's left is the hearing and the sheriff

You are a month to month tenant. Either you or the landlord can end this arrangement. But there needs to be at least a month notice. so as of October your tenacy is up because you had notice as of September. I would look for other housing and not subject my family to this torture. It could get ugly before it gets worse. If you have not talked to a lawyer, you probably need to do so to make sure what rights if any you may have.

Look for a better environment. Get some sort of order with your living space. How do sleep? Think of the kids!

Not real sure about NY, but if you have no lease only a 30 day notice is required by either party. Your past that and he can turn off the water, sorry.

It's his house? What the hell is wrong with you? Get out of the mans house, you bum.

Next time you buy a car I think I'll drive it around after you repeatedly ask me to get out of the car, and I'kk try to give you $5 for the priveledge.

Enter Your Message or Comment

User Name:
User Email:
Post a comment:

Archive: Forum -Forum -Finance - Links - 1 - 2 - RSS - All RSS Feeds
The Causes and the Results. 0.014
Copyright (c) 2011 Financial Crisis Tuesday, May 29, 2012 - Terms of use - Privacy Policy