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Old 05-29-2014, 10:48 AM
 
1 posts, read 1,003 times
Reputation: 10

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i live in an illegal basement apartment. it came with a washer and dryer. the washer broke 3 months ago. we told my landlord right away. it had water still in the machine. we were told that he would empty out the washer. we waited a month before we emptied it. now we been told when we have money we will either fix it or get a new one. do we as tenants have the right to go out and buy/fix the washer and take it out of the rent?
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Old 05-29-2014, 11:47 AM
 
Location: Planet Earth
1,474 posts, read 3,058,271 times
Reputation: 1505
Quote:
Originally Posted by lewij98 View Post
i live in an illegal basement apartment. it came with a washer and dryer. the washer broke 3 months ago. we told my landlord right away. it had water still in the machine. we were told that he would empty out the washer. we waited a month before we emptied it. now we been told when we have money we will either fix it or get a new one. do we as tenants have the right to go out and buy/fix the washer and take it out of the rent?
What does your lease say? Is use of the washer/dryer part of the rent or just an extra? Pay your rent and work it out with your landlord.
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Old 05-29-2014, 11:50 AM
 
Location: Rural Central Texas
3,674 posts, read 10,606,265 times
Reputation: 5582
Am guessing, but if you are renting an illegal unit doesnt that mean your lease is not enforceable in court? Seems like you have no rights but whatever you can convince the landlord to do. Your only right is to leave.

Maybe someone with experience with illegal apartments can chime in.
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Old 05-29-2014, 12:03 PM
 
Location: Ohio
5,624 posts, read 6,846,119 times
Reputation: 6802
You would have to put your rent in escrow after giving proper notice to your landlord to make the repair. You cant just withhold rent for a repair. (well some states might allow it but here they dont)

WHY would you rent an illegal apartment?
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Old 05-29-2014, 12:20 PM
 
2,605 posts, read 3,403,359 times
Reputation: 6139
Quote:
Originally Posted by Ohky0815 View Post
You would have to put your rent in escrow after giving proper notice to your landlord to make the repair. You cant just withhold rent for a repair. (well some states might allow it but here they dont)

WHY would you rent an illegal apartment?
Most of the apartments on Long Island are illegal, so people are left with little choice. And this escrow nonsense is far fetched. This is not how things work with an illegal apartment.

OP, just speak to the landlord and see if you can make an arrangement with him to fix it. See if he will deduct the amount to fix or replace it from your rent. If not then you might have to pay for it out of your own pocket.
Having a washer and dryer in your apartment is a huge luxury. It might be worth it to fix it up or buy another used one from Craigslist out of your own pocket if the landlord is not going to assist. It all depends on how much you like the apartment and what it's worth to you.

Your rights are limited with an illegal apartment but that does not mean it can't be civil. Just speak to the landlord before doing anything and see if you come to an agreement.
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Old 05-29-2014, 06:18 PM
 
Location: Islip,NY
20,937 posts, read 28,432,613 times
Reputation: 24925
Quote:
Originally Posted by Ohky0815 View Post
You would have to put your rent in escrow after giving proper notice to your landlord to make the repair. You cant just withhold rent for a repair. (well some states might allow it but here they dont)

WHY would you rent an illegal apartment?
Because most apartments on LI are Illegal. I don't know about other states but here on LI most ate illegal and people who rent them do not always know that.
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Old 05-29-2014, 06:28 PM
 
Location: Not where I want to be
4,829 posts, read 8,729,541 times
Reputation: 7760
Quote:
Originally Posted by lewij98 View Post
i live in an illegal basement apartment. it came with a washer and dryer. the washer broke 3 months ago. we told my landlord right away. it had water still in the machine. we were told that he would empty out the washer. we waited a month before we emptied it. now we been told when we have money we will either fix it or get a new one. do we as tenants have the right to go out and buy/fix the washer and take it out of the rent?

You let water sit stagnant in a washing machine for a month before you emptied it?
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Old 05-30-2014, 12:25 PM
 
1,144 posts, read 2,670,248 times
Reputation: 510
Why wouldn't you empty it yourself? This is the ultimate portrayal of: It's not my job/responsibility/problem.

Own some responsibility, please.

If you really want a washing machine, I would advise (in writing) your LL that you're going to buy one and you will be taking it with you when you move. It doesnt have to be new or fancy, as a pp suggested, a $100 craigslist find would work fine.
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Old 05-30-2014, 12:34 PM
 
Location: Long Island, NY
7,841 posts, read 13,237,884 times
Reputation: 9247
Quote:
Originally Posted by Buckthedog View Post
Why wouldn't you empty it yourself? This is the ultimate portrayal of: It's not my job/responsibility/problem.

Own some responsibility, please.

If you really want a washing machine, I would advise (in writing) your LL that you're going to buy one and you will be taking it with you when you move. It doesnt have to be new or fancy, as a pp suggested, a $100 craigslist find would work fine.
^This. You are spot on Buck. Apartments, whether illegal or not, are not required to have washing machines and/or dryers. Talk about being lazy or feeling entitled to wait a month for the LL to do it.

Quote:
Originally Posted by Amisi View Post
You let water sit stagnant in a washing machine for a month before you emptied it?
I can't even begin to imagine the STINK that came out of there. Like heck if I'd wait a month before relying on the LL to do that. I don't leave my clothes in the machine over night, never mind ever thinking about leaving them there for 30 days to get ruined.
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