evicted out of a illegal apt?? Plz help! (Babylon: real estate, apartments)

[Lisa08]

Hi I moved into a nice cheap apt about 2 years ago in babylon. I had no idea it was illegal. I even paid my rent by check the whole time. Now the town figured it out and the landlord received a summons. He sent me a paper from his lawyer saying i had to be out in 30 days!! Prices are high and as I said the apt. Is really cheap. I can not afford to move let alone in 30 days! I have no idea what my rights are in this situation. I know that it can take a while to get someone out of a legal apartment, but what about an illegal apt?? If he tells the town he will just take out the kitchen and not rent it, how long do I have? I have a feeling he wants to just say I was here for a little bit and now im gone and the apt is not being rented anymore. This way he pays a small fine and thats it, but in my situation right now there is no way i can move. Also, If the landlord says its ok, will I be allowed to go to court for him on that date to try to get out of this, or will they only acknowledge him or his lawyer?? Any advice is GREATLY appreciated, there is so much that i don't know!!

[nancy thereader]

If it is an illegal apartment, then you will have to leave. Babylon VIllage is really cracking down on these because there are so many hidden apartments all over the place & the owners are not paying the extra tax revenue.

[I_Love_LI_but]

See this thread for some advice/ideas, especially on what losses you may be able to recoup from landlord and real estate broker (if you got the apt through one):

http://www.city-data.com/forum/long-...uing-rent.html

You will have to move. There is no way out of that. The apartment is illegal.

If you want/need to stay longer, the landlord will have to evict you through the court system. Even though the apartment is illegal, he still has to go through the proper channels to throw you out. This will be unpleasant for everyone involved and the landlord may be able to recoup the money he spends getting you evicted by suing you. However, since the apartment is illegal he might not be able to, but do you really want to go through all of this when you are going to have to move no matter what?

Your best bet is to start pounding the pavement NOW. Ask friends, neighbors, coworkers, relatives, etc., if they know of any reasonable place for you to rent. Check the RE listings on craigslist.com. Check all the small local newspapers that come in the mail like Pennysaver, etc.

Good luck to you!

[omigawd]

Originally Posted by nancy thereader

If it is an illegal apartment, then you will have to leave. Babylon VIllage is really cracking down on these because there are so many hidden apartments all over the place & the owners are not paying the extra tax revenue.

Yeah but are they actually fining the illegal landlords? Or just giving them a summons/warning and making the tenants move???

I think they should fine them up the wazoo.... these LLs know the apartments are illegal, they most likely have had the illegal apt for years, collected a ton of tax-free income on it, haven't paid the proper property taxes for the extra apartment, and have caused a burden to the system (by their tenants using town/county services that aren't being paid for through the LLs taxes).

[Lisa08]

Thanks everyone for your help. I'm now on the hunt for a good legal aid lawyer as my time is ticking! The landlords lawyer says that they changed it and what used to take months, now the sheriff comes in a matter of hours to 3 days.. I don't know how true that is. If anyone has experience any of this and knows a good lawyer please let me know!

thanks again,
Lisa

[okaydorothy]

as a landlord (everything legal), last year we had to evict a tenant. It took 5 weeks from the day of serving to the day she was out.

d

[Kbinspections]

Originally Posted by Lisa08

Thanks everyone for your help. I'm now on the hunt for a good legal aid lawyer as my time is ticking! The landlords lawyer says that they changed it and what used to take months, now the sheriff comes in a matter of hours to 3 days.. I don't know how true that is. If anyone has experience any of this and knows a good lawyer please let me know!

thanks again,
Lisa

I am not sure but is sounds like they are blowing smoke and trying to pressure you...... seek legal advice and check out the Sheriff's office, they maybe helpful. Good luck!

[I_Love_LI_but]

Originally Posted by okaydorothy

as a landlord (everything legal), last year we had to evict a tenant. It took 5 weeks from the day of serving to the day she was out.

d

Did she go voluntarily after being served or did the sheriff actually have to come and remove her and her belongings from the apartment?

[kicksave]

Most of the times the town will not evict you cause they would have to foot the bill till you find a place. Its against the law to through you out on the street, so they have to pay for your housing needs till you get something. Dont know where or how nice, Best you get yourself a place quick!

[Danielle Westbury]

When you do move make sure you take pixs or make sure u do a walk through with the landlord so you can get our full deposit back...

Does she still have to pay the last months rent if its an illegal apt and the town wants her out?