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I have been living in this 1bdroom basement (has kitchen, 3 exits, gas stove, bathroom) apartment for a year now and paying 900.00 dollars a month. Recently Ive been having some plumbing issue where the water will back up in my toilet, kitchen sink, and bath-tub at the same time. The land lord took 4 days to fix it && when he did he said it was my fault and I put things in the toilet i told him I never did that nor my kids the bdoor stays locked!! He fix that around Memorial day, now im having an issue with water coming from underneath the toilet and now my bathroom has been stopping up off and on...not to mention the waste he pulled from the toilet & bathroom the 1st time...he dumped the waste in the backyard behing my window and when it rains or is super hot the waste breeze comes inside my apt. I don't want to continue paying rent cause he is ignoring my calls and I feel sick when I smell that breeze plus I have two baby sons...the bathroom is still in a crazy condition...I am nervous also cause im like if i report this & I have to vacate im like where will I move to! so fast? I looked on dept of bld website they don't even have cert of occ ?& they are officially the owners of this property no mortgage.
First, just because no mortgage is listed on the Dept of Buildings site doesn't mean they don't have a mortgage. It could simply mean they don't escrow their property taxes and get a tax bill.
Second, if there's no Certificate of Occupancy for your apartment, then it's illegal. You can always call to make sure.
Third, you're not going to get put out immediately. If you withhold the rent, write him a letter (certified/return receipt) explaining why. Tell him he dumped hazardous waste from the toilet pipes right outside your window and it's causing a health hazard. Also, tell him that the toilet is leaking, etc. You can also mention that you're aware the apartment is illegal and you don't want to have to contact the Health Dept or Buildings Dept on him.
If anything, you can tell him that you plan on moving and will be out by ______ date and you're not paying rent because of the health issues and the illegality of the apartment.
Finally, why in the heck would you be living in a basement apartment with your 2 children?????? You need to find a LEGAL, REAL, TWO BEDROOM apartment. Of course it will cost more but I think your children's well-being is more important!
First, just because no mortgage is listed on the Dept of Buildings site doesn't mean they don't have a mortgage. It could simply mean they don't escrow their property taxes and get a tax bill.
Second, if there's no Certificate of Occupancy for your apartment, then it's illegal. You can always call to make sure.
Third, you're not going to get put out immediately. If you withhold the rent, write him a letter (certified/return receipt) explaining why. Tell him he dumped hazardous waste from the toilet pipes right outside your window and it's causing a health hazard. Also, tell him that the toilet is leaking, etc. You can also mention that you're aware the apartment is illegal and you don't want to have to contact the Health Dept or Buildings Dept on him.
If anything, you can tell him that you plan on moving and will be out by ______ date and you're not paying rent because of the health issues and the illegality of the apartment.
Finally, why in the heck would you be living in a basement apartment with your 2 children?????? You need to find a LEGAL, REAL, TWO BEDROOM apartment. Of course it will cost more but I think your children's well-being is more important!
Because it's much more affordable than building apartments and times are hard.
Wow thaanks when I fist moved in there I had no idea of an apartment being illegal im from Atlanta where I use to live in an house so I was kind of new to this...but a friend told me that his landlord has to refund him all of the rent because of his illegal place..I was shock... & when my landlord came to fix it he was threatening me concerning his invalid contract..thanks guys I will
did you know that this was a illegal basement apt when you moved in.....IF SO your just as wrong as the ll an the judge is not going to have any mercy for you.
did you know that this was a illegal basement apt when you moved in.....IF SO your just as wrong as the ll an the judge is not going to have any mercy for you.
That's bull. The tenant has absolutely NO liability. I went to court 3 years ago with my former slimeball slumlord who took me to court because he was mad that I was moving with no notice and didn't pay him the last month's rent (he had a security deposit)
I answered his court papers in writing. At first, the judge was amused since everyone (that day) was just answering verbally and I had answered with actual legal papers and a cross-complaint. Well, his amusement turned to anger when he got to the paragraph about the apartment being illegal, etc. He asked the slumlord if the apartment was illegal "yes, but she knew it was illegal" the judge screamed at him "it doesn't matter what she knew or didn't know. The apartment is illegal. You will not get a dime." and basically kicked him out of the courtroom. He was later fined several thousand dollars for the illegal apartments in the house. He's now in foreclosure because the fool couldn't afford the mortgage without having 3 sets of tenants.
did you know that this was a illegal basement apt when you moved in.....IF SO your just as wrong as the ll an the judge is not going to have any mercy for you.
I am new to NY & had no idea of illegal apartments
I am new to NY & had no idea of illegal apartments
Where you told that it was illegal when you moved in?
IF you were told then you're in the wrong for taking it. but if you did not know and like you said new to NYC maybe you will find a understanding judge. Most judges will not give you mercy and say to you you should have done your homework before taking the flat. My dad was a NYC lawyer and saw many cases like this an the judges are not very understanding because they have heard so many cases an stories
Where you told that it was illegal when you moved in?
IF you were told then you're in the wrong for taking it. but if you did not know and like you said new to NYC maybe you will find a understanding judge. Most judges will not give you mercy and say to you you should have done your homework before taking the flat. My dad was a NYC lawyer and saw many cases like this an the judges are not very understanding because they have heard so many cases an stories
My landlord never stated this space was illegal instead whipped out an lease read it and another contract(rules/reg) & I signed... he was newly renovating this basement at the time and just was expressing how he wants a faithful tenant...but really what land lord would tell his tenant the place is illegal as I perceive their trying to get money!!
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