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you have not been treated very well. move out.
many move into an obviously illegal place and then after want to sue because they realized it was an illegal apt. being angry helps them realize it.
Look at it as a lesson learned! your not going to get any compensation out of it just pack your bags and move on thats all you can really do till the first anyway with a legit place.
When we were looking for a new place (after my last illegal apt), one of the first questions I asked the RE agents was "is the apartment legal?" Naturally, their answer was "of course".
Actually, if they follow the rules, Realtors are not allowed to list illegal apartment rentals. (yeah, I know, there are all kinds... just like in any other profession...)
The Town of Islip has gotten very strict with regard to any and all rentals: they passed a new law that any apartment, house, or condo requires a permit in order to be rented. Of course that's extra income for the Town .
At the time this law was passed, I had a rental listing in Nob Hill and the homeowner had to hustle to get the permit promptly.
Actually, if they follow the rules, Realtors are not allowed to list illegal apartment rentals. .
But, of course, they do.... If not for the illegal apartment rentals, 75% of their business would be out the window.
I know many towns are (supposedly) cracking down on it but there are still many, many more realtors showing illegal rentals than legal rentals. And the realtos sure isn't going to do anything for the tenants once the tenant realizes the apartment is illegal or the tenant has problems with the slumlord.
If the towns would TRULY "crack down" on this, they could generate a fortune in revenue through fines, back taxes, etc. The towns love to say "we're getting tough on these illegal apartments blah blah blah blah" just to make noise and make it seem they're doing something. In reality, they're not doing a fraction of what they could do to solve this problem.
many move into an obviously illegal place and then after want to sue because they realized it was an illegal apt. being angry helps them realize it.
What is an "obviously illegal" apartment?????? When I moved out here, I had never in my life heard the term "illegal apartment".... The only way I found out was when I had to call the cops on my slumlord's son and the cops asked me who else lives in the house. When I told them "so and so lives in the upstairs apt, these people live in the downstairs apt, I live in this apt, and this woman lives in the basement" they told me the entire house is illegal and they suggested I call the town. I questioned the cops and they explained to me the difference between a legal and an illegal apartment.
Surprise, surprise after living somewhere for a number of years and through more than one owner.
This is my first time renting since my father moving forced me out of the house, I dont really know how to handle stuff like this, and it kinda sucks that my first place had to be such crap. So, no one knows if I can get my rent back? ( or any compensation for money paid at all? )
You can sue anyone for anything, doesn't mean you'll win
Tom, what about the presence or absence of a second LIPA (electric) meter? I'd assume that unless there was a separate meter, how would the tenant accurately pay for the electricity they use? Also assuming that such an expensive utility would NOT be included in the monthly rent.
Also what about heat? Again assuming that the tenant pays for whatever they actually use, separate from their rent payment. If there's a second gas meter, that'd be easy but what about if it's oil heat as so many houses are?
Obviously we've never rented (I'm a diehard homeowner who refuses to line any landlord's pockets). The only person I know who does rent is my nephew, and he rents a "real" apartment, not something in a private home. So he pays rent which only includes water, and also gets his own bill from LIPA, Keyspan, and Optimum. So I really have no idea how the illegal-landlords usually set things up as regards utilities.
As I said, the absence of seperate utilites is a tip off that an apartment may be illegal. However, many municipalities, including the Town of Huntington, have code provisions that state that the presence of more then one meter can be used as presumptive evidence of an apartment in the home.
I didn't mean to imply that having a rental agreement makes an apartment legal, however renting without one makes it quite difficult to sue since there is no proof of any contractual agreement.
Brooklyn has loads of illegal apartments as well and one of the tip-offs is the fact that they are usually listed via craigslist or personal ad in the paper because, as others mentioned, the agency can also be held liable for whatever fee they charge since they are not allowed to list illegal rentals.
Its a bad situation all around. You would think that people who knowingly break the law by renting out an illegal apartment wouldn't take such risks of getting caught by treating their tenants badly. I guess stupidity knows no bounds.
Renting is always challenging. I've had my share of horrible apartments, even though they were all legal. For your own protection though, I would always have written agreements.
I personally prefer to use real estate agents. I used the same rental agent for two of my apartments (Brooklyn not LI) and it was a good thing because the agent actually helped me to break my lease when the building went section 8. We were the only ones paying full rent and the maintenance and upkeep went downhill quickly. Could I have done it on my own, maybe, but it was one less thing for me to stress about.
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just like in any other profession...)
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