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Old 11-01-2011, 12:40 PM
 
3 posts, read 19,317 times
Reputation: 15

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I've read a lot of good information throughout the threads. I would like so see if anyone as anymore information to my specific case.

In March 2011 I found a house to rent. The house was represented by an Agent that handled the paperwork/lease. After a few months, around July, mold began growing in the bathroom and the agent was contacted. They sent someone to fix the problem.

After another month or so around September a smell began developing within the house. At the same time notices were being left on the door stating that this house was an illegal rental. Going through an Agent assured me that this was probably just annoyed neighbor's reporting false claims.

The Agent was called once again to see what was going on and where the smell was coming from. They checked the cesspool and found nothing. I decided to open the drywall in the kitchen since nothing would be done if a problem wasn't found, and I found that the plumbing from the toilet upstairs was leaking into the wall. A plumber came to the house to fix this, but when they opened the wall more, they found severe water damage and mold that appears black. As they inspected more, and ripping down the cabinets/ripping up the floors, they found more mold and more water damage. The entire kitchen wall/floorboards are covered in mold and damaged as well as into the basement.

I called the town to have an inspector come look at the house, which is when I found out that the property was indeed an illegal rental.

What exactly are my rights? I can't have the town come look at the house since it is illegal. Should a mold inspector come determine if the mold is toxic or not? There is no way that I am going to be able to live in this house while they are "fixing it", the smell is horrendous. And now all the walls are wide open.

I would like some advice regarding these questions. How would a leasing agency be able to rent out rentals without the owners providing a Rental Permit? Can I sue to guarantee the return of my security deposit/moving expenses and/or rent that was paid while the house has been infested with mold?

Thank you in advance for your responses. Your experience/advise is appreciated.
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Old 11-01-2011, 01:04 PM
 
4,249 posts, read 297,835 times
Reputation: 2066
Did you sign a lease? The only thing that is illegal is the fact that the landlord didnt have a rental permit. Is it a single family home?

If you signed a lease with the landlord, then you are responsible for the rent. The illegal portion is between the landlord and the town.
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Old 11-01-2011, 01:37 PM
 
3 posts, read 19,317 times
Reputation: 15
Yes, a lease was signed. The house is a single family home, and the landlord does not live there.
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Old 11-01-2011, 02:58 PM
 
Location: Nassau, Long Island, NY
15,856 posts, read 17,083,126 times
Reputation: 6522
Quote:
Originally Posted by AJZJ2011 View Post
Can I sue to guarantee the return of my security deposit/moving expenses and/or rent that was paid while the house has been infested with mold?
The realtor is not allowed to rent homes that are iillegal to rent. Therefore you are owed your realtor fee back 100%. Another thing you can do instead is ask the realtor to find you another home and not charge a fee. If the realtor gives you problems and tries to fool you and acts like this is not the law, you can report the realtor to the NYS Department of State at 518-474-4429 or use the complaint form on their website (NYS Division of Licensing Services).

What you can sue the landlord for:

-- security deposit plus interest: if landlord does not give it back willingly

-- rent that was already paid: this one is strictly up to the judge. I have heard of judges ordering the landlord to return all the tenant's rent money if the rental is illegal and I have heard of judges not ordering it.

-- future rent: if you end up renting something that is more expensive than what you currently are in, you can sue your landlord for the difference in money for the remaining term of your current lease.

-- moving and/or storage expenses: 100% as you are forced to move from the rental before the end of the lease at no fault of your own.

-- damages to your belongings: if anything has gotten ruined by the mold.

-- checkups for yourself and family members and possibly ongoing medical expenses: to find out if anyone got sick from the mold and if anyone ends up with ongoing injuries from the mold.

Also look at this older post of mine regarding the same subject:

http://www.city-data.com/forum/6885692-post33.html

Best of luck!
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Old 11-01-2011, 03:01 PM
 
Location: under the beautiful Carolina blue
9,122 posts, read 10,669,064 times
Reputation: 5106
I'm curious how a whole-house rental can be illegal? Does it have to be registered to be a legal rental or something?
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Old 11-01-2011, 06:02 PM
 
3 posts, read 19,317 times
Reputation: 15
Thank you so much for this information.

What court would you need to go to for suing the landlord? Small claims?

The house was posted on Craigslist. I'm not sure what the laws are for landlords renting an entire house, but when we called the town inspector they had no listing as the house being a rental and said that they have had complaints of it being an illegal rental.


Quote:
Originally Posted by I_Love_LI_but View Post
The realtor is not allowed to rent homes that are iillegal to rent. Therefore you are owed your realtor fee back 100%. Another thing you can do instead is ask the realtor to find you another home and not charge a fee. If the realtor gives you problems and tries to fool you and acts like this is not the law, you can report the realtor to the NYS Department of State at 518-474-4429 or use the complaint form on their website (NYS Division of Licensing Services).

What you can sue the landlord for:

-- security deposit plus interest: if landlord does not give it back willingly

-- rent that was already paid: this one is strictly up to the judge. I have heard of judges ordering the landlord to return all the tenant's rent money if the rental is illegal and I have heard of judges not ordering it.

-- future rent: if you end up renting something that is more expensive than what you currently are in, you can sue your landlord for the difference in money for the remaining term of your current lease.

-- moving and/or storage expenses: 100% as you are forced to move from the rental before the end of the lease at no fault of your own.

-- damages to your belongings: if anything has gotten ruined by the mold.

-- checkups for yourself and family members and possibly ongoing medical expenses: to find out if anyone got sick from the mold and if anyone ends up with ongoing injuries from the mold.

Also look at this older post of mine regarding the same subject:

http://www.city-data.com/forum/6885692-post33.html

Best of luck!
I
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Old 11-01-2011, 07:09 PM
 
Location: Huntington, NY
7,738 posts, read 10,854,424 times
Reputation: 3481
Quote:
Originally Posted by twingles View Post
I'm curious how a whole-house rental can be illegal? Does it have to be registered to be a legal rental or something?

Don't know where the house is located, but in the Town of Islip for instance, you need a permit not only to rent an apartment but also if you rent out the entire house! In the Town of Huntington, you do not.
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Old 11-02-2011, 11:52 AM
 
Location: Nassau, Long Island, NY
15,856 posts, read 17,083,126 times
Reputation: 6522
Quote:
Originally Posted by AJZJ2011 View Post
Thank you so much for this information.

What court would you need to go to for suing the landlord? Small claims?

The house was posted on Craigslist. I'm not sure what the laws are for landlords renting an entire house, but when we called the town inspector they had no listing as the house being a rental and said that they have had complaints of it being an illegal rental.


I
Yes, small claims court. You don't need to hire an attorney. Make sure you have all the documentation to give the judge.
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Old 06-11-2013, 11:48 AM
 
5 posts, read 7,432 times
Reputation: 11
Can someone please help me in answering questions about an property owner renting out illegal rooms with no permits ?
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Old 06-11-2013, 11:51 AM
 
Location: Nassau, Long Island, NY
15,856 posts, read 17,083,126 times
Reputation: 6522
Quote:
Originally Posted by L.I.Mike View Post
Can someone please help me in answering questions about an property owner renting out illegal rooms with no permits ?
Tell us the scenario (i.e., exactly what the landlord is doing and whether the landlord lives in the home with the tenants or not). Also, state where this is happening because different authorities are in charge of different areas.
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