Tentants' rights when a landlord dies intestate
March 8, 2010 11:29 AM Subscribe
Three of us moved into a four-floor brownstone on November 1. The next month the landlady died. Since then we've been dealing with her niece, who is very kind and a good substitute landlady. But now there's some familial dispute and it turns either the landlady died intestate or the will simply hasn't been found yet. The niece's lawyer advised her to give keys to the other family members involved, which freaks us all out.
The niece told us to keep our doors locked and keep the mail downstairs in case the other family members decided to go roaming. When we expressed surprise that we were admitting people into our building who would warrant such measures, she explained, "You just never know."
So now we have to go buy extra deadbolts to lock up our separate rooms from the group of strangers whom we don't know and don't trust. What are our rights here? We know that the lease is still valid, but what about our dealings with these other people? If they give us "reasonable notice" do we have to give them access to our living areas? Because they're technically not the property owners, can we just tell them to scram and call the police? And because you're going to tell us to call a lawyer, where should we look? This is in Brooklyn, New York.
The niece told us to keep our doors locked and keep the mail downstairs in case the other family members decided to go roaming. When we expressed surprise that we were admitting people into our building who would warrant such measures, she explained, "You just never know."
So now we have to go buy extra deadbolts to lock up our separate rooms from the group of strangers whom we don't know and don't trust. What are our rights here? We know that the lease is still valid, but what about our dealings with these other people? If they give us "reasonable notice" do we have to give them access to our living areas? Because they're technically not the property owners, can we just tell them to scram and call the police? And because you're going to tell us to call a lawyer, where should we look? This is in Brooklyn, New York.
I guess I don't understand the living arrangement. Is this a share of a building? or is each floor a separate apartment?
You have to give the landlord, or the landlord's agent, access to your living areas with reasonable notice (24 hours, less if it's an emergency). Even if you get deadbolts you'd have to give them keys *if they requested* (you don't have to tell them you put other locks on, you don't need their permission to do so, but if they see it and ask you for keys, by law you are required to give them a copy).
I think the niece is trying to tell you something and you would be advised to heed her warning. In terms of your legal liability towards the niece or anyone else, this is a question I honestly do not know the answer to. I do think that you would be well advised to consult an attorney. I have a real estate background but IANAL.
The New York State Bar Association has a referral program that is highly reputable. I would also ask this question on tenant.net.
posted by micawber at 11:39 AM on March 8, 2010 [1 favorite]
You have to give the landlord, or the landlord's agent, access to your living areas with reasonable notice (24 hours, less if it's an emergency). Even if you get deadbolts you'd have to give them keys *if they requested* (you don't have to tell them you put other locks on, you don't need their permission to do so, but if they see it and ask you for keys, by law you are required to give them a copy).
I think the niece is trying to tell you something and you would be advised to heed her warning. In terms of your legal liability towards the niece or anyone else, this is a question I honestly do not know the answer to. I do think that you would be well advised to consult an attorney. I have a real estate background but IANAL.
The New York State Bar Association has a referral program that is highly reputable. I would also ask this question on tenant.net.
posted by micawber at 11:39 AM on March 8, 2010 [1 favorite]
I memailed you some tenant firms. They have good reputations for representing tenants. Be careful about looking for an attorney who does L&T work that you don't hire someone who does mostly landlord work. I would not trust them to represent you as well as a committed tenant-side firm.
IAAL, but not your lawyer, and I've never hired a lawyer. The Mefi wiki has an entry created by Mefites about finding a lawyer.
posted by Mavri at 11:45 AM on March 8, 2010 [1 favorite]
IAAL, but not your lawyer, and I've never hired a lawyer. The Mefi wiki has an entry created by Mefites about finding a lawyer.
posted by Mavri at 11:45 AM on March 8, 2010 [1 favorite]
I have found the Attorney General's office very helpful when dealing with tenant's rights issues. Housing issues are part of their consumer fraud division.
posted by peanut_mcgillicuty at 11:49 AM on March 8, 2010
posted by peanut_mcgillicuty at 11:49 AM on March 8, 2010
Definitely get yourself some legal help. It seems reasonable that the executor of her estate should hold the keys, not individual family members, until the estate is settled. Any requests for access should go through him/her.
posted by Pollomacho at 12:01 PM on March 8, 2010
posted by Pollomacho at 12:01 PM on March 8, 2010
Seconding call a lawyer. That said, in NYC if you deadbolt your doors and someone who isn't your landlady demands access, I don't see why you would be obliged to let them in. "Prove to me you own this building," you might say.
posted by zvs at 2:28 PM on March 8, 2010
posted by zvs at 2:28 PM on March 8, 2010
Note that the building is not the property of anyone but the estate right now, assuming the old lady owned it fully.
posted by Ironmouth at 2:29 PM on March 8, 2010
posted by Ironmouth at 2:29 PM on March 8, 2010
Yeah, nthing 311 or a lawyer. My understanding is that this kind of thing is what 311's for.
posted by PMdixon at 2:36 PM on March 8, 2010
posted by PMdixon at 2:36 PM on March 8, 2010
I'd suspect there is no proper executor if she died without a will, pollomacho, but that's certainly a good thing to look into, Viola. The executor looks after the interests of the estate, which includes not diminishing its value by getting embroiled in lawsuits and tenant disputes.
I'd also keep in mind the distinction between being right and being safe. Just like crossing the street, it doesn't do you much good to have crossed with the light if some clown plows into you with his car. You may be able to get a tenant's rights group involved or an attorney to send a reminder to them that they need to follow the law and respect your lease, but at the moment the keys are out there.
I'd make an effort to keep your valuables out of common areas and lock your bedroom doors at night. All the players in this game may mean well but you can't count on them being as motivated to lock up behind themselves as you are. Maybe a loud bell of some sort that lets you know when someone comes in and out?
posted by phearlez at 2:37 PM on March 8, 2010
I'd also keep in mind the distinction between being right and being safe. Just like crossing the street, it doesn't do you much good to have crossed with the light if some clown plows into you with his car. You may be able to get a tenant's rights group involved or an attorney to send a reminder to them that they need to follow the law and respect your lease, but at the moment the keys are out there.
I'd make an effort to keep your valuables out of common areas and lock your bedroom doors at night. All the players in this game may mean well but you can't count on them being as motivated to lock up behind themselves as you are. Maybe a loud bell of some sort that lets you know when someone comes in and out?
posted by phearlez at 2:37 PM on March 8, 2010
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posted by dfriedman at 11:35 AM on March 8, 2010