LL of illegal Mastic Apartment suing for rent? (Patchogue: apartments, rental)

[kzl55]

I moved into my upstairs apartment February 1st of this year. I was completely unaware of this rental being illegal, I had my own entrance from the back of my LL house. I thought that automatically made the apartment legal, I was obviously wrong.
Starting the beginning of April (after I paid rent) My LL came and told me that the Town would be inspecting my apartment and we had to remove our stove and all of our pictures from the wall because he told the Town that our apartment was occupied by his cousins.
The next week, it automatically turned into we have to LEAVE IMMEDIATELY by the end of April ( which gave us 2 weeks ) because he would be fined $5,000 if we didnt leave.
Well we were unable to find another rental in 2 weeks and told the LL that we would leave as soon as we found another place. May 1st comes and LL wants rent. I told him i was using my security since it was his fault we had to leave, and by May 22nd he's suing me in (housing court) District Court (patchogue) for rent. WHERE IS MY SECURITY BEING APPLIED?? There is absolutely no damage in that apartment.
How can he sue me if his apartment is illegal??
How can I find out if the apartment is really illegal?
He is also suing the people who rent his basement apartment for rent too because they were using their security for the last month also.

Sorry this is so long... but I wont be able to get into my other apartment until the middle of June, can he make me leave before then? Do i have to pay him for June?
Im so confused.

Thank you

[iluvmycuties]

Anyone can sue anyone in small claims...doesn't mean he is going to win, especially since it is illegal. You may be liable for the last month. If you are in fact going to stay there in June, I would pay him for his share b/c you are using his facilities, legal or not. I wouldn't use the illegal apartment reason as a cop-out for your rent. That's just MHO.

[GigiBowman]

What nerve the guy has. If it's illegal you should counter sue him that you moved into an illegal apartment and want compensation because you have to move again.

[iluvmycuties]

Gigi, would you happen to know what responsibility the tenant has as far as researching whether or not the apartment is legal? Just a curiosity.

[okaydorothy]

As a landlord ; there are two issues here. The first is that you cannot use your security as rent ; it is security against damage. So if you are still in the apt on May 1st ; then you need to pay him rent.

Do you have a lease? If you do, that is the agreement between you and the landlord. Yes, he is unfair as he is renting an illegal apt. It is his problem to get the apt legal ; the town is obviously onto him ; some neighbour must have reported him.

It is awful ; it is so much better to do things the right way. It is the landlords responsibility to get the apts legal ; not the tenants. If you are still there on June 1st ; yes, you need to pay him rent.

Sorry its not the answers that you are looking for. Small claims in Patchogue ; been there, done that with tenants who trashed the place. Then they had the nerve to sue me to return their security!!! They lost.

Good luck
d

[cottercutie]

This is a good question by the OP.. I've been reading on here for a while for a very similar situation. I am in a similar situation with my current LL, but we are living off our 1 month's security with the ok. Believe me, after all the lies we have been told we deserve this much. Not to mention LL flat out told us they don't have our security to return to us.

So, for the OP's situation, how can the LL claim that he is losing money when the apartment is illegal? He isn't supposed to be renting it to begin with. The town ordered them to vacate so obviously there must be issues as to why they won't issue the CO, right?

What if the OP has time left on the lease? For those of you saying that the OP owes May rent, would he be bound to pay the additional months remaining on the lease as well?

I understand what you guys are saying about paying the rent and it being different than security, believe me, I do, however the apartment in the OP's case is illegal and the OP was ordered to vacate by the town. IMO, in that situation the LL should forfeit any claims to any rent he feels he is entitled to. Also, last I knew the security deposit can be used by the landlord as reimbursement for any unpaid rent in lieu of returning it.

If I were the OP I would be filing a countersuit to include all moving expenses, brokers fees etc due to this. I would also be contacting the town for copies of the inspections and violations to bring to court which should document any violations that they found.

Being new to NY from another state I am confuddled by all of these illegal apartments, it wasn't an issue where I was from. I have seen some real winners of apartments, or shall I say, what people try to pass off as an apartment out here. Basements you can barely stand up in, entrances you have to duck to get into....... it's disgusting. I had no idea moving out here what it was like. We were told our apartment was LEGAL as well. Turns out, it isn't which is why we are moving. I have children to think of and their safety and security is number one with me.

In addition,I believe that "warranty of habitability" would apply here Habitability (broken link) don't you think? If the apartment is in fact illegal, and can not be occupied, then that is a violation of the warranty of habitability.

Sec. 235-b. Warranty of habitability.

1. In every written or oral lease or rental agreement for
residential premises the landlord or lessor shall be deemed
to covenant and warrant that the premises so leased or
rented and all areas used in connection therewith in common
with other tenants or residents are fit for human habitation
and for the uses reasonably intended by the parties and that
the occupants of such premises shall not be subjected to any
conditions which would be dangerous, hazardous or
detrimental to their life, health or safety. When any such
condition has been caused by the misconduct of the tenant or
lessee or persons under his direction or control, it shall
not constitute a breach of such covenants and warranties.

Again, town states apartment can not be rented, this makes it uninhabitable, correct?

There normally would be a reason beyond taxes (income and property) why an apartment remains illegal, in most cases probably due to code violations, lack of proper permits for the addition/conversion etc (ie: an illegal basement apartment that can NEVER be legal)

I've always been a renter, even as a child, and never would I have dreamed of using my security deposit as my last months rent, but then again, never have I dealt with the LL's of LI. I've received back every security deposit I've ever given in my 15+ years of renting (including from a complex with NO deductions for damage). But things were on the up and up and I had no fears of actually being able to get my money back like I do now

[iluvmycuties]

Good post Cotter.

You brought up a point I wasn't considering...the LL isn't losing money since he should not be receiving money in the first place.

[nancy thereader]

He can not force you to leave. But, if you are there in June,you might have to pay him for the part of the month that you were there.

That being said, you were dealt with very unfairly and the LL will probably not be able to collect because he was doing something illegal & he can not profit from something that is not legal.

[nynraleigh]

sorry you're going through this, but to think/assume this was a legal apartment was naive, especially in Mastic. A large percentage of house apartments on long island are illegal. A simple phone call to the township will verify if an apartment is legal or not. I doubt the LL has a leg to stand on though. I would leave as soon as you can.

[nancy thereader]

Newcomers might not know this, though. An apartment for rent would seem to be just what it appears to be.