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Old 01-06-2009, 11:10 PM
 
Location: Inis Fada
13,762 posts, read 15,773,322 times
Reputation: 4578
Contact the Postal Inspectors. Your landlord was tampering with the mail and that is considered a serious offense.

Here is a link for the form to report any mail you are not receiving.
United States Postal Inspection Service
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Old 01-06-2009, 11:20 PM
 
Location: Full time RV"er
2,403 posts, read 3,561,535 times
Reputation: 1357
Quote:
Originally Posted by omigawd View Post
The slumlord will ONLY get a judgement of possession..... meaning, she will have to move. In this instance, the slumlord CANNOT get a judgement for any back rent at all since the apartment is completely illegal.
He can if she signed a rental agreement . as I stated before , the only thing that will get discused at the hearing is weather she has paid the rent or not . The Judge will not and can nothear any other issues. By Law.
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Old 01-06-2009, 11:47 PM
 
Location: Full time RV"er
2,403 posts, read 3,561,535 times
Reputation: 1357
Quote:
Originally Posted by cottercutie View Post
Breach of warranty of habitability. Illegal apartment is not fit to be inhabited per NY State law.
Failure to provide adequate heat Nov-April
Breaking and entering (opening the door)
Breach of your quiet enjoyment (no visitors)
Mail tampering (opening or otherwise withholding your mail)
Harrassment (blocking you in and intimidating you, banging on the door for no reason etc)

As for the whole "**** the mailman off"? NO. She didn't want anyone to know she was renting out an illegal apartment.

Make sure you have copies of everything you've reported (town, police, mail etc) and make sure you have the notice from the town stating it is an illegal apartment.

oh, and get out NOW. Find somewhere else. Don't still be in the apartment on the 14ht but still show up to court. An eviction will hurt you in the long run, illegal apartment or not.

When you go to court, stick to the main points (like they turned the heat off on you in December) without being whiny (like they won't care she had her grandson and 40 other people living down stairs). Be polite and hold your tongue. If you have to write out what you want to say and have others read it.

The judge will care about the legal issues (no heat, stealing mail) not about the 'minor' things (like noise from others etc)
pls. check your facts Judge can only act on issues re: unlawful detainer issues . nothing about other thing . won't happen seen enough of these types in court hearings .
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Old 01-07-2009, 12:00 AM
 
17 posts, read 81,092 times
Reputation: 16
We never signed a Rental agreement, it was verbal to just pay a certain amount. Last agreement we had was that she would use our security for the month of December as I stated, but in her Notice she is still trying to claim rent for that month, which is bull.

Can someone answer my question about eviction? When we attend the hearing on the 14th with Eviction be on our records then? Or do they give us time to vacate before they do that? I dont want anything on my records.
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Old 01-07-2009, 05:12 AM
 
4,502 posts, read 7,814,746 times
Reputation: 3928
Quote:
Originally Posted by Fighter 1 View Post
He can if she signed a rental agreement . as I stated before , the only thing that will get discused at the hearing is weather she has paid the rent or not . The Judge will not and can nothear any other issues. By Law.

The slumlord, by NYS LAW, cannot get a penny in rent. NOT A PENNY. She can live there and drag the court case out for a year if she chooses and the slumlord will not be entitled to ANY rent. She cannot get back the rent she already paid, but she does not have to pay any rent from the day she started withholding the rent, rental agreement or not.

An illegal contract cannot be enforced and a rental agreement on an illegal apartment is an illegal contract. That is case law. No judge is going to make a tenant pay back rent on an illegal apartment. How foolish the judge would look if the case were appealed and a judge made such a simplistic mistake.
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Old 01-07-2009, 05:14 AM
 
4,502 posts, read 7,814,746 times
Reputation: 3928
Quote:
Originally Posted by Azelyn View Post
We never signed a Rental agreement, it was verbal to just pay a certain amount. Last agreement we had was that she would use our security for the month of December as I stated, but in her Notice she is still trying to claim rent for that month, which is bull.

Can someone answer my question about eviction? When we attend the hearing on the 14th with Eviction be on our records then? Or do they give us time to vacate before they do that? I dont want anything on my records.

Get out of the apartment before the hearing, this way the slumlord won't get any type of judgment at all against you.

She is not entitled to any of the rent she is claiming.

Be sure to attend your hearing and put in a WRITTEN response to the courts regarding the apartment being illegal and her, by law, not being entitled to the rent.
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Old 01-07-2009, 05:17 AM
 
4,502 posts, read 7,814,746 times
Reputation: 3928
Quote:
Originally Posted by Azelyn View Post
So when we go to court on the 14th, well have Eviction on our records? Or do we have to move out by a certain date or else well get it on our records? I dont want my record tarnished...

Again, you better get out of there before the court date.

If you have no place to go, your best bet is to get a storage unit (Public Storage --- reserve one online and you'll get the best price) and find a studio or whatever you can afford for now until you can afford an actual apartment. There are only the 2 of you, so that shouldn't be too hard.
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Old 01-07-2009, 07:20 AM
 
434 posts, read 682,927 times
Reputation: 540
Quote:
Originally Posted by Fighter 1 View Post
pls. check your facts Judge can only act on issues re: unlawful detainer issues . nothing about other thing . won't happen seen enough of these types in court hearings .
Actually, they do care about why the rent hasn't been paid, peole have been known to legally withhold rent

If it was as simple as what you're saying there would be no need for a court date.

OP contends that rent was paid through end of December per agreement with the LL to use security for that month.

To OP, if that was your agreement with the LL, you should be gone by now
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Old 01-07-2009, 08:08 AM
 
Location: Island of long
3,541 posts, read 5,816,688 times
Reputation: 1100
From past experiences that friends had with evictions, the average time the judge gave was 3 months. But being an illegal apartment Im not sure how this go?
Good luck to ya.
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Old 01-07-2009, 09:12 AM
 
Location: Long Island NY
376 posts, read 1,161,657 times
Reputation: 207
Quote:
Originally Posted by omigawd View Post
Again, you better get out of there before the court date.

If you have no place to go, your best bet is to get a storage unit (Public Storage --- reserve one online and you'll get the best price) and find a studio or whatever you can afford for now until you can afford an actual apartment. There are only the 2 of you, so that shouldn't be too hard.

Wouldn't a studio also be an Illegal apartment? If they are living on Long Island, how many studios are legal?
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