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Old 09-28-2011, 05:53 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,186,776 times
Reputation: 7337

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^^^
Thank you for the update!
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Old 09-28-2011, 06:13 PM
 
3,939 posts, read 8,943,488 times
Reputation: 1516
Quote:
Originally Posted by NY Andy View Post
hi, and thank you all for your help! I ended up contacting a landlord/tenant lawyer today, who was actually extremely helpful, I was prepared to go see him and pay him for his advice, and instead he just answered all my questions on the phone for free.
He said to keep paying rent, as long as I am paying rent then they must give me at least 30 days notice, for ex. if they served me with 30 day notice today, I'd have until Oct 31 to move out, if they wait until Oct 1 to serve me, then I have until Nov30 to move out. But if I am not paying rent, then they can serve me a 3 day notice, and if I do not pay the rent or move within 3 days then they can start the eviction process.
He said that they cannot shut off electricity or water while I am still living here, if they do then call the police.
He also said that she is bluffing that the town will come and make me move, they would have served me notice first. The only situation they can come and make me move immediately is if its condemned, and if that the was the case then she would have to move immediately as well, since the basement is part of her house too.
So I plan on letting the landllord know that I will be moving on Nov 1, and I'm not going to pay her the rent, but put it into a seperate bank account. So that when she cannot pay me back my security deposit (which I know she doesnt have) ,then I will keep that months rent. But this way I am covered in the off chance she does try and sue me.
Of course it will be miserable for the next month living here, but hey I got myself into this situation.
Hopefully my experience helps someone else out there! If you can help it, Stay away from crackhead landlords renting out illegal basement apartments!

ps, I live in Village of VS, btw.
Should send a thank you letter to that lawyer if it ends up helping you.
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Old 03-23-2013, 01:11 PM
 
Location: East Northport
3,351 posts, read 9,723,414 times
Reputation: 1337
Since you are responding to a post that is a year and a half old, I imagine her situation has already been resolved.
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Old 06-11-2013, 11:40 AM
 
5 posts, read 22,871 times
Reputation: 13
Can somebody please help me in answering.my questions about evictions and renting out illegal rooms & no permits??
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Old 07-02-2013, 03:29 PM
 
1,029 posts, read 1,290,137 times
Reputation: 341
Quote:
Originally Posted by NY Andy View Post
First of all, I want to thank anyone who reads this in advance, I know its long but I want to fully explain the situation!
I live in Town of Valley Stream. I have been renting an illegal basement apartment for a year and a half now. Its a legal 2 family, but the basement where I live is illegal. Now, my landlord had a dispute with an old tenant, the old tenant reported the landlord for the illegal apartment.
So today my landlord tells me I have to move out within a week. She is having electrican and plumber coming in a couple days to turn off water in my kitchen and take stove out.
Can they do this to me??? Its not realistic to find a new apartment and move in within a week. Also, my landlord is a crackhead they'res no chance of getting my security deposit back.
Even though its an illegal apartment, do I have any rights? Can they really have someone come and turn off the water and take out the stove while I am still living here? They don't have to serve me any kind of written notice, or give me X amount of days to move, etc?
My landlord claims I have no choice, that if I dont listen to her and move immediately, that the town can just come and force me to leave with no notice since its an illegal apartment, is that true?
I would like to be able to stay another month or 2, and save the money that I would have paid her for rent, to put towards a security deposit on a new apartment, it seems only fair to me, since she doesnt have my security deposit to return. And do I have any recourse to recover all the rent Ive paid her, since its illegal apartment? Someone told me she has to give all my rent back to me, but I'm not sure how true that is.
Any advice anyone has is much appreciated. Its very frustrating to be a good tenant, pay my rent on time each month, and get screwed because my landlord rented out an illegal apartment. Obviously, if I had known all this, I never would have moved in in the first place.
Thank you for your help!
Hey Einstein, you shouldn't have moved in there to begin with!
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Old 05-24-2014, 08:15 PM
 
1 posts, read 2,806 times
Reputation: 10
Default question about illegal apartment

I am renting an illegal apartment I thought it was legal when I started renting I pay him on time every month me and my fiance got into to fights now I found out the apartment is illegal and I was just wondering I moved in on april 1st he says hes giving me 30days to move out I also heard that the apartment if it is illegal I could sue them and get all my money back... and does he even have the right to kick me out of the apartment???? When we signed a contract that me and my fiance will pay 1000 a month he wanted 900 but because it was two people and at the time he liked us now he dont I just want to make sure of my options because theres no way I will be able to pay for another apartment in a month.. and im pretty sure he cant just kick me out like that please help me with mt options...
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Old 05-24-2014, 10:15 PM
 
Location: Village of Patchogue, NY
1,144 posts, read 2,979,381 times
Reputation: 616
Quote:
Originally Posted by spikes347 View Post
I am renting an illegal apartment. I thought it was legal when I started renting. I pay him on time every month. My fiance and I got into to a fight. Now I found out the apartment is illegal. I was just wondering; I moved in on April 1st. He says he's giving me 30 days to move out. I also heard that if the apartment[] is illegal, I could sue them and get all my money back.[][] Does he even have the right to kick me out of the apartment?[] When we signed a contract that my fiance and I will pay 1000 a month, he wanted 900, but because it was two people, and [] he liked us at the time. Now he doesn't. I just want to make sure of my options because there's no way I will be able to pay for another apartment in a month.[] I'm pretty sure he can't just kick me out like that. Please help me with my options.[]
First, congratulations on your engagement! So happy for you.

Second, I fixed your post for you. This will get you more visibility in this thread.

You should apologize to your fiance for the fight, but you don't have to ask her for forgiveness. Tell her you need the money to split the rent, and it's a business relationship at this point. It's what all adults do these days.

You can't get all your money back from the landlord, but tell him that he can't kick you out because it's an illegal apartment. You're absolutely right. He tried to on April 1st, and 30 days have already passed. So kicking you out now of an illegal apartment would be... illegal! You can practically live there for as long as you want without any consequences. But listen, just pay the rent on time, like a responsible adult would. I mean, he said he liked you guy at first, so be the likable guy and pay him. If you and your fiance get back together I know you can. Get back on the good side!

Also, being super extra nice might be able to negotiate the rent down to $900. I mean, win-win, right?
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Old 05-25-2014, 12:58 AM
 
Location: New York
122 posts, read 232,183 times
Reputation: 107
Quote:
Originally Posted by spikes347 View Post
I am renting an illegal apartment I thought it was legal when I started renting I pay him on time every month me and my fiance got into to fights now I found out the apartment is illegal and I was just wondering I moved in on april 1st he says hes giving me 30days to move out I also heard that the apartment if it is illegal I could sue them and get all my money back... and does he even have the right to kick me out of the apartment???? When we signed a contract that me and my fiance will pay 1000 a month he wanted 900 but because it was two people and at the time he liked us now he dont I just want to make sure of my options because theres no way I will be able to pay for another apartment in a month.. and im pretty sure he cant just kick me out like that please help me with mt options...
In other words, you want to scam the guy who gave you a roof over your head for a pretty modest price.
Go sue him and see what happens. Chances are, you don't even know the real condition or have no knowledge of the CO's that pertain to the property since they're not available online.
We'll see how much you end up paying once they counter-sue you.
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Old 09-16-2014, 09:36 PM
 
1 posts, read 2,481 times
Reputation: 10
Hello I live in a illegal 2 family home and now my landlord wants me out I'm scared because I have a 4 year old son
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Old 12-10-2014, 12:56 AM
 
3 posts, read 6,623 times
Reputation: 15
Did you know that you were renting an illegal apartment? Not that it really matters in the state of NY, but if you didn't know/accept the fact that it was illegal it probably won't matter depending on the following. Did a broker show you this apartment? If so, you might be able to sue them for not doing due-diligence. Real Estate Brokers in NY State must follow the rules: They can't rent illegal apartments. They have to check if an apartment is legal. You might actually recover all monies spent. Depending on locality and judge.
In New York State there are laws/regulations/codes. Depending on where you live there are laws specific to your location. If you are renting in an ILLEGAL apartment you probably cannot recover rent that you already paid regardless if you didn't know that it was illegal. Tenant/Rules go out the window for some reason. However, if you stop paying rent in an illegal apartment and your landlord takes you to court to evict you for not paying rent there is nothing he/she can do. That's the good news. No, you cannot get your rent money back, but your landlord cannot recover non-payment of rent if he is renting an illegal apartment. Eviction has to be a court order. Your landlord cannot lock you out, turn off utilities, enter your apartment unless it is an emergency. They have to go through the court system to evict. Go to the Building Department in your city and find out if there is a Certificate of Occupancy or Certificate of Completion if they have renovated. Find a lawyer who will work Pro Bono or "free". I found one in Brooklyn and I won a case. Do your homework. Keep records. You can record a conversation between yourself and your landlord only. Good Luck and welcome to New York!
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