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Hi, I'm a 49yo single dad of a 13yo daughter, last February I signed a month to month 'lease' for a 2br upstairs apartment #longisland #ny for my daughter and I, the document is riddled with clauses that would attempt to restrict my rights far beyond what NY allows. One example, and the start of why we're facing a landlord self created non payment eviction is a $50a day late fee for every day past the first that the rent is 'late' My understanding is 1) there's a 5 day grace period each month, and 2) a limit of late fees to no more than $50 a month.When I was a few weeks late one time for needing a 2 week hospital stay I advised LL in advance it would cause me to fall temporarily behind but I would catch up fully current by the 1st of the next month, I was informed I had until the day I got out of the hospital to pay in full what I obviously couldn't as I'd be inpatient hospitalized and failure to comply would cause him to trigger the late fee clause in the lease imposing thousands of dollars in illegal late fees. When I informed him of what the laws and my rights were and that he could not restrict them because he crafted an agreement that we both signed things took a turn for the end. Now it turns out that he's not even the legal owner of the house. His mother who does not live here is the owner. I do not know what the law is with making an agreement to rent out a part of a home that you do not own but my agreement is with him so my communicative professional way of handling things that come up in life were between he and I and not between his mother and I. They are first generation Indian immigrants very conservative. I've shown everybody nothing but respect especially the parents but just as I was about to come current as promised the mother ambushed me in the driveway with my daughter upstairs. Aggressively accusing me of having two illegall vehicles, one was a new vehicle that was not registered yet that I had purchased and was parked in he driveway after my daughter and I were hit head on in an accident a month and a half ago and the other one was the rental vehicle that I was driving which had Georgia plates and did not require a front plate that she thought I was driving illegally. I informed her respectfully and her response was that I also had snuck my daughter in after first 2 months who was not on the lease. Ma'am you're incorrect of course my daughter's on the lease she's been here since day one I have full custody of her and I'm sorry I mean no disrespect but you're not my landlord and I do not want to offend you or anger you but this is not appropriate and I will deal with your son. She told me I was forbidden to ever contact him again by text or phone call. I knew right then in there this was never going to turn out good but she was relentless mocking condescending and incorrect about everything as he stood there my landlord watching the whole thing and not saying a word. She blocked my pants so I could not get into the apartment to my daughter when I finally did get in within 10 minutes I got a text message from my landlord require you to come out and move my vehicle so that another vehicle would be able to get out. They said I'm not coming out unless your parents are inside and stay inside it took a half hour to negotiate this and finally compliance was promised. I went out and did as was asked and as soon as it was done before I can get back inside the mother was out of the house again attacking me further. She blocked my entry into the house again so I could not get upstairs to my daughter and eventually had to call the police. End of relationship. No way that I'm not being evicted now I've done nothing wrong. I've since offered to pay the rent which is now 3 months past due on three occasions and it's been declined every time I received 14-day notice to vacate and there is a hearing scheduled on January 15th for a non-payment landlord tenant case. I know way more about landlord tenant law in New York wish I ever had to but I have to protect the rights of my daughter and I. Honestly I like this appointment the price is fair I don't want to move. I don't know how this is going to work I know at court I'll have an option to pay the entirety of the rent at which point in time they're just going to file a holdover case. The fact that they're repeatedly not accepting full rent to create the opportunity to harass us with this division case where I'll need to pay $4,500 to get a lawyer eating into a large sum of the rent that I have set aside for them I don't know what to do. My credit is poor keeping a roof over my child's head is paramount I have an opportunity to move into a lesser apartment in the same school district and neighborhood this month and I'm thinking about offering a cash for keys agreement. I would appreciate any advice on whether I am sure changing myself and my daughter by proposing such an accepting and what my worst case scenario is if I proceed with trying to stay here I don't know how to repair what's happened all I want to do is pay and live in peace and provide stability for my child. Also I've come to find out and verify that this is an illegal apartment in the town of Islip. Also all my rent has been paid in cash over $20,000 and the receipts that I've been given have been incorrect and improper. Because I moved in on the 27th the receipts state that the red on paying is for the current month's rent on the 27th when in fact it's for the coming months rent making it appear at all times that I am a month behind on the rent is acknowledged in text messages that I have saved that that is a fact not the case that he refuses to correct that. He's locked me and my daughter out of the backyard that we have a right to access and this many other micro harassments and more. I just wanted to live in peace and pay my rent provides stability for my child I don't know why I can't. Please help us
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