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Recently, one of my tenant who stop pay rental for month report to town of islip, claim that we are illegal rental, we have the court case against this tenant, and she will be evicted soon, but at the same time, we face the court for this rental without permission case.
I have couple of questions.
1. is it possible to get the rental permit for the whole at Town of Islip?
2. without this permit, is it absolutely impossible to rent out?
3. since I didn't receive the rental from this tenant, if the court ask me to pay the penalty, can I appeal, since I have the judgement from the eviction case, it prove that I didn't receive the rental from this tenant.
4. what kind of penalty it will be, I mean money wide, how much it will have to pay, plus, will the town hold our case, so I can not sell this house.
1. is it possible to get the rental permit for the whole at Town of Islip? - Is this a full house rental or partial? If partial, then it is an illegal rental unit.
2. without this permit, is it absolutely impossible to rent out? - Full house rental don't need permit, but heard some towns are now requiring you to register a rental home.
3. since I didn't receive the rental from this tenant, if the court ask me to pay the penalty, can I appeal, since I have the judgement from the eviction case, it prove that I didn't receive the rental from this tenant. - Doesn't matter, you are being fine for having an illegal rental unit.
If your apartment is illegal you wont be given a permit. You shouldn't be renting out an illegal apartment. It doesnt matter that you werent paid the rent - you are in the wrong for renting out an illegal apartment.
Do you have a lease? Did the tenant counterclaim on the basis of having no rental permit?
The first thing the court will ask for is a lease. If no lease, then I don't know.
It is possible to get a whole house permit, however the town will come in and inspect the property. They will make some recommendations for fixing any issues and come back in a few weeks to make sure they were fixed. Upon fixing, they should give a permit which is usually for 1-2 years.
Do you have any cancelled checks from the tenant ; if so, bring them with you.
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