management does not allow washers because they claim it produces suds in the other apts and it causes surges of hot and cold water.This is a substantial violation of the lease. Is it still a substantial violation of the lease if i disconnect the machine from the buildings plumbing system since and store it in another room until i can find someone to buy it. after all its not being used its just being stored away.
washer blues
- Thread Starter boyred
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How is this a violation of your lease? If it is, you may want to renegotiate the price with the landlord or "abate" the rent for an appropriate amount. If the landlord sues you it is possible to always claim he breached first (but you always want to send a certified letter stating that you are going to be withholding an amount due to the landlord's breach.)
I would think that if you are storing the washer and not using it, you won't have any problem. Still, the point here is whether the prohibition of your use of the washer was a breach of your lease. That could determine a great deal of your rights.
I would think that if you are storing the washer and not using it, you won't have any problem. Still, the point here is whether the prohibition of your use of the washer was a breach of your lease. That could determine a great deal of your rights.
i had the washer 2 years.I have a notarized letter given to the landlord dated 2 years back saying i was getting a washer and to let me know if this is a problem. the super saw the washer several times cuz there were repairs done in the apt .all this time they collected my rent and said nothing now 2 years later they want me to get rid of it. I argued that the landlord waived his right to contest the washer because of these reasons described above. and the judge just ignored the evidence i presented to back up my story and ruled in the favor of the landlord. I had put in an order to show cause(appeal). I entered with my appeal the same evidence thaat i presented at the trail.The appeal said that the proceedings on part of the respondents is to be stayed. what does this mean anyway i have to go to court next month. but for what
Ah, ok. This explains more. It means that the court ruled against you and there was an order, e.g. you are evicted, you must remove the washer, etc. The court stated that the order prior issued is stayed -- it won't go into effect -- pending the outcome of your appeal. Both of you go to court to fight it out. You will need to show how, as a matter of law, the court got the decision wrong. You cannot show further evidence but can show, e.g. prior cases or law, that if the landlord's agent consented to you having the washer on the premises and you RELIED on the promise and the landlord's actions, he cannot now use the lease against you. Either the landlord has waived the provisions of the lease (which it can be even though it says that all waivers must be written) or you should recover under the theory of detrimental reliance a sum of money against the landlord. (I'm not sure that you can use that theory in landlord-tenant court.)
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