Possible Emergency Re-homing - PLEASE read!!

[fhgwgads]

I am ABSOLUTELY devastated right now. I had come home from my mothers and stopped here for what was supposed to be a minute and as I was leaving my landlord was walking up. I asked him what was going on and he said he needed to check something in the apartment so I said ok and that I would open the door for him. He followed me upstairs.. my boyfriend was doing dished.. and he just stood in the kitchen area for a minute. He then asked me what was going on and was looking around in a strange manner. I didn't understand what he was talking about and then he told me that the neighbor told him that we had a grow house up here. We have a relatively small studio apartment consisting of a kitchen area, a bedroom/livingroom area with a bathroom off the side and the stairs come up the center. There is a small walk in closet area right over the stairs and we have 2 small closets. I was completely blown away and I still am because we are very quiet.. we go to bed around 10-11, we are respectful to other people.. we don't really get into anyone else's business and mainly keep to ourselves mostly because I have been dealing with a LOT with my mother being sick. We don't even have friends come over anymore! I barely even HAVE friends anymore because I have been so preoccupied with my mom. He said that the neighbor was claiming he could see grow lights and plants through our window. I have a few small house plants on a console table by the window, and a string of lights hung along the curtains because the birds are currently on my kitchen table and it gives them some light at night. He looked around and OBVIOUSLY there is nothing here. If I grow anything its finches. I am just utterly depressed, upset, baffled, and a whole slew of other emotions over this. The landlords girlfriend came in shortly after and he was somewhat vouching for us saying obviously there is nothing here and she said that the neighbors were claiming that "the plants were just moved". This makes absolutely no sense at all because one.. there is NO evidence of illegal plants or ANY attempt to grow any.. two.. I ran into him on the way out.. he came with no notice and I let him in immediately so there is no way we could have hidden anything had we had anything considering he came unannounced. We have been here several years and have NEVER caused any problems whatsoever. His girlfriend just kept saying over and over that the neighbor is a retired police officer and wouldn't just make things up. I just cannot believe any of it... I am completely in shock and devastated.. and he said that we have to be out by Jan 1st. If I can even find a place by then.. which is incredibly hard to do in New York.. plus an affordable place comparable to what we have (util incl, same price range, no sec deposit, etc) I don't know if they would even allow me to bring 6 birds with me. I can absolutely not just give them up to people I do not know much about or trust. I do not want to compromise their lives because of this. I don't want to give them up but if it came down to it... I would really like for them to go to people I feel I can trust and who can provide them with a good home. This is absolutely the last thing I want to do and just thinking about it is making me cry.. I really cannot believe any of this. I have spoken to a Landlord/Tenant lawyer about the situation and he is saying to just stay until I receive an eviction notice. I have also spoken to another lawyer and filing a defamation if character claim against the neighbor. I even said to the landlord that if he calls the cops its going to prove that there is nothing here at all... but his girlfriend just interrupted with the whole "we do not need the cops coming here breaking down the door... we can do this the easy way or the hard way.. you have until Jan 1st". I just don't understand this world. I am in my mid to late 20's.. and I feel like I am being persecuted by ignorant, stuck up people because they look at me as some young hooligan. How is it that I am just subjected to crap like this and nothing is done about it? Why do all the good people always get the brunt of everything and all the bad people get away with murder?? What did I do in life that was so horrible to deserve constant bad luck? I just can't take it anymore.. I really don't even want to think about it.. I m just so upset about everything... and now I am ranting. But the fact of the matter is... if it really comes down to it like I said... I do not want to jeopardize my babies. I love them SOOO much.. this is just way beyond unfair. I don't even know what else to do or say. I feel so sick to my stomach. Sorry for such a long post.

[debbie276]

That is just horrible!!
It sounds like they just want to get you out. Maybe they can get more rent with new tenants? I so hope you can find something else. You never know maybe it will be a better move then staying there.
Best of luck

[cindy]

Would it be possible to ask this neighbor (ex-cop) to come up to your apartment to see the birds so you could explain to him what it is he is seeing is merely lighting for your birds. If you do so I would have an additional witness other than your boyfriend, possibly an attorney present as well as the landlord.

While he is there explain to them how the birds need a specific amount of lighting during the day and at night to prevent then from having night frights.

If you do this, clear it with your attorney first. When you show the birds do so calmly as if you were helping one of us here on the forum.

As an ex-cop he can be suspicious but it is unfair to make a claim against you with out know what is exactly going on in your private residence. I think the better question he should have posed to the landlord was asking what the odd lighting was he saw from your windows at night was.

[Sally]

That is terrible! Unfortunately, it is often neighbors who are the problem when we have birds. Neighbors who think they smell, make noise, attract bugs--ignorant people who don't bother to ask questions first.

It does sound like maybe the landlord or the landlord's girlfriend wants you out, as they are being totally unreasonable. Cindy's suggestion of trying to talk to the ex-cop (who should be minding his own business anyway--why is he an ex-cop? Maybe was too zealous on the job?) is a good one, but with a witness present. And what is wrong with having grow lights? My sister has grow lights in her basement, where all her tender outside plants spend the winter.

Thank goodness you have a lawyer to help you through this. In the meantime, I'd be looking around for something else to rent, as staying there may become unpleasant. I'm so sorry you are going through this, it does seem so unfair. Stay strong, we'll all be keeping you in our thoughts.

[cindy]

One other option is to make a stop into your local police station, explain the situation calmly and ask if there is anything you can do, also ask if they would be kind enough to stop by and possibly also reassure the landlord and your overly suspicious neighbor that all is perfectly innocent in your home.

By threatening a defamation of character lawsuit at this point in the game would only create more of an issue, try to smooth things out quietly. You could even possibly extend a hand and invite the landlord and neighbor up for a dessert and coffee, let them see the birds and explain about the lighting.

[debbie276]

Honestly I don't see it being about dim lighting or the birds. If he is an ex-cop he surely knows it takes huge VERY bright lights for a grow.
Not even sure I would want to stay there if the landlord handles things like this.

[Sally]

Honestly I don't see it being about dim lighting or the birds. If he is an ex-cop he surely knows it takes huge VERY bright lights for a grow.
Not even sure I would want to stay there if the landlord handles things like this.

I agree, there is something more going on here. And if someone did want to grow something illegal, they certainly wouldn't put it where anyone could see it through the window!! And why would the landlord's girlfriend say they don't want the cops coming breaking down the door? They wouldn't be breaking down the door if they were just checking out a report. Do you have a lease? Maybe they just want the apartment back to rent to someone else, either a friend or at a higher rate, so they are making things up to force you out. The whole thing doesn't make sense.

[chirpy]

I'm so upset for you I'm so sorry you are going through all of this. How horrible can people be? Can't they just think about theirselves and NOT people NOT gang up??? What's the deal! Horrible!!! I wish I could help. I am so sorry. God this is so awful.
Not sure if it would help but this thread can maybe contribute?
Maybe the ex cop can come by? If he is so snoopy he will surely leap up to examine your place!
Surely. Come on.
I completely agree the whole thing doesn't make sense at all!
So sad.

[fhgwgads]

debbie276@cindy@Sally@chirpy OMG thank you all so much.. I am crying over how nice all of you are.. I just cannot believe it. And all of you are right when you say that it makes no sense. Apparently the people here before me caused a LOT of problems with drugs and such... but I have been here THREE YEARS without problems. At least until the people downstairs moved in.. they LOVE drama and LOVE to cause issues over everything (e.g. not letting me pull in the driveway for 4 hours on Mondays to avoid a $50 ticket, taking the garbage out of the garbage can that they decide they own when the other one is full, etc). The only thing I can think is A) It's the people downstairs talking crap, B) the neighbor is overzealous and think all young people are criminals, C) they just listen to the neighbor because it's an illegal apartment and they don't want the cops here to find out it's illegal. I wasn't going to pull the defamation suit unless it really comes down to it. My lawyer actually suggested going next door any trying to talk to them but I wasn't going to last night because I was too upset, and because I had to go over my mothers.. and I was busy all day today and so is my lawyer. But from everyone I have talked to the advice is to stay... they I don't have to leave until I get eviction papers. I just don't understand it at all.. I am still sick to my stomach... and I am very grateful to have all of you here. I am glad there are some people who understand. And not only that... thinking about trying to find another place that has al util. incl. for the same price with no sec. deposit with horrible credit and NO money, no job, pet, etc... UGH. Not to mention during the biggest holiday month of the year? And when it's cold as heck? I just need to know that if it came down to it my babies would have somewhere to go. And my landlord supposedly suggested to the guy next door to come up and look at the place and apparently he didn't want to and it was just "be out by Jan 1st or he's calling the cops and we don't need that" which honestly is THEIR problem NOT mine. I don't care if you sent a SWAT team.. I don't care if the FBI comes. Go ahead.

Just as a note.. considering it would theoretically be an emergency all my babies would come with their cages and cage accessories. I wish I could find someone that could take them temporarily. It's just so sad that they are caught in the middle of this now too. UGH!

[chirpy]

From what I know---- they can't evict you with no notice / paper notice.
They don't want the police involved since ts an illegal apartment.

.....
So basically what, leave by the 1st (in hope you don't call the police ON US cause "we all don't want that"
Seems really selfish and sketchy. They'll get fined if the police find out its illegal. They probably assume you are young therefore won't cause a scene and not take legal actions. I honestly don't believe they can kick you out by a verbal eviction.

I'm so beyond angry!!!!!!

I hate hate people who can't mind their business when they have things to worry about themselves. I have an old neighbor who HATES US WITH PASSION. he tried to make us pay $400 for his dogs getting sprayed by a skunk. I'm not a ballsy person but ill say what needs to be said in a well mannered way. Thankfully all y neighbors on both sides his neighbor al stuck up for me. I have had to deal with him for about a year! I just hope this simmers down.
Who are they to say.. Just cause you live in the same apartment and the previous tenants were shady makes you shady? I'm appalled.
I am in the same boat when we move.. Bad credit bad credit bad credit. We are trying to make it work but well... When things are looking like calm waters it becomes chopy like... The other day the cars brakes failed and he has to use the E brake so he wouldn't crash. Now of al times w Christmas and my daughter bday.

I'm wandering off topic here... In a nutshell I'm so upset.

[Nerien]

Ashley, check your pm's. I don't know how we will get them here, but if you need it, I will take in your finches until you can get settled and take them back. Hubby agrees, and says somehow we will make it happen.

[chirpy]

I was going to say along the lines of have someone take them until you are settled! Nerien such an amazing gesture!

[30 Seconds to Bob]

The ex-cop doesn't seem very bright. If you were running a grow house, you would smell the plants a block away. (so I've been told) Shame on him for causing grief to you and your birds. Tell him to mind his own business, especially now that nothing had been found. What a jerk! Bob

[wildbird]

If you have a lease, they can't throw you out and break the lease. There are very strict laws that protect tenants rights in most states and they have to follow the law to evict you. From what I have heard it can be a lengthy process. Find out what your rights are, even if you don't have a lease. Consult an attorney who deals with landlord/tenant issues. Some give a free consultation. You might also find help through your local social services, government housing. They might help you find housing and know more about your rights as a tenant. It's great that Nerien will be able to take your finches . Hopefully, you will be able to work things out so they can stay with you. Know your rights, stay calm and give Cindy's approach a try.

[Sally]

If they have an illegal apartment, they definitely don't want the police involved. I would think this works in your favor. You could tell the landlord that you will not move, that he will have to file the paperwork to legally evict you, and that you will be staying until that happens. In most states, it can take several months at least to go through the eviction process, and the final step in the process (if the tenant refuses to leave) is to have the authorities remove the tenant. It doesn't sound like your landlord would want the authorities involved. Check with your landlord/tenant lawyer to make certain it is OK to do this in NY. At the very least, it buys you more time, since there is no way eviction can take place by Jan. 1, and at best, you may be calling your landlord's bluff and make him back down and let you stay. Be sure and pay your rent absolutely on time or even a day or two ahead and get receipts. You don't want him to be able to claim that you didn't pay. My sister had a renter who stopped paying his rent, and it still took them several months to go through the process to get him evicted. In the meantime, he lived in their condo.

Don't let them bully you.