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Old 03-20-2010, 10:41 AM
 
Location: Staten Island
1 posts, read 3,926 times
Reputation: 13

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Yesterday I went to pay the rent to my landlord for a basement appartment and he would not take the rent because he wanted an extra $250.00. I already pay $750.00 a month. Then he told me that if I don't have the money, to move out by sunday and he will give me the deposit. But I went to the court house and they told me to find out if the basement was iligal and to my surprice it was, they told me not to pay him the rent and to move out as soon as possible, so I called the landlord and he went all crazy on the phone even told me he will have someone following me around. I need to know what can I do? People tell me to stay there save my money and move out. But I dont want to teal with a psyco. He never gave me a copy of the lease and then told me that he rented it to me as an office space/storage. But what office comes with a bed, sofas and even a kitcken with a stove top and shower, toilet etc. Please I need some advise asap.
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Old 03-20-2010, 06:52 PM
 
12,340 posts, read 26,119,784 times
Reputation: 10351
I would document everything in writing. This can mean keeping a diary of your conversations, writing notes after each phone call, gathering any written documentation you have on any transation that you've ever had with him, taking photos of the place.

I don't know what else to advise, but if things progress in a negative way, having the documentation will help you.
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Old 03-20-2010, 08:55 PM
 
Location: Putnam County, NY
600 posts, read 2,090,317 times
Reputation: 507
I believe all basement apartments are illegal.....
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Old 03-21-2010, 12:14 PM
 
Location: NY,NY
2,896 posts, read 9,809,216 times
Reputation: 2074
Quote:
Originally Posted by plojr1 View Post
Yesterday I went to pay the rent to my landlord for a basement appartment and he would not take the rent because he wanted an extra $250.00. I already pay $750.00 a month. Then he told me that if I don't have the money, to move out by sunday and he will give me the deposit. But I went to the court house and they told me to find out if the basement was iligal and to my surprice it was, they told me not to pay him the rent and to move out as soon as possible, so I called the landlord and he went all crazy on the phone even told me he will have someone following me around. I need to know what can I do? People tell me to stay there save my money and move out. But I dont want to teal with a psyco. He never gave me a copy of the lease and then told me that he rented it to me as an office space/storage. But what office comes with a bed, sofas and even a kitcken with a stove top and shower, toilet etc. Please I need some advise asap.
Do a forum search and you should find past posts of others in similar situations. Some of the responses in previous threads, I believe, you will find useful.

Well, without a copy of the lease, the LL can claim no lease, which means you are a month-to-month tenant.

If you had a lease, then, legally, the LL would have to wait until the lease term is complete.

In any event, the LL is legally REQUIRED to provide you '30 days notice'. You DO NOT have to get out by "Sunday".

There are very specific requirements regarding "notice". Go back to court and ask the clerk to define the requirements for you; or, look it up online.

Now, all that said, try and work it out with your LL. Give him a date certain when you will be able to move out. Legally, you have little choice; unless you have a lease. In any event, he'll probably be happy just to be sure that you will be out by a certain.

Also, if you can afford it try to negotiate the rent increase. Maybe the LL will be satisfied by a little less than $250; perhaps $125. Given you've been a good paying tenant, never late!? Maybe such an offer would satisfy.

If he won't negotiate the increase, then offer to be out in say, 60 Days, maybe 90 days. Your leverage is that, legally, if he were to take you to court for an eviction---the process would take 60 to 90 days, and cost him a bit of money.

Plus, since he won't accept your rent, then perhaps, as long as you are certain to vacate, the LL will abate your rent for 30 or 60 days (plus the security deposit), to 'help' you afford to find another place.

Just make sure he signs and you keep!! a 'Release' regarding any abated rents/security. You find the forms online or at a store carrying legal stationary.

Luck!
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Old 03-21-2010, 12:51 PM
 
Location: Houston, TX
1,138 posts, read 3,288,814 times
Reputation: 818
Wow...I've been seeing a lot of threads here lately about Landlords of illegal apts getting aggressive with tenants about rent increases and threats of eviction, what's the deal? Anyways, I second everyone's replies about how to proceed. OP, remember as a tenant of an illegal apt, you have the upper hand against the LL (and also the fact that the LL threatened to "have someone follow you" w/e that means), use it to your advantage. Try to stretch your tenancy out as long as possible to ensure you can save up enough to move out, and this bears repeating, get everything in writing.
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Old 03-21-2010, 01:06 PM
 
Location: Bay Ridge, NY
1,915 posts, read 7,982,826 times
Reputation: 559
Quote:
Originally Posted by Wes927 View Post
I believe all basement apartments are illegal.....
No, they're not, but most are. I don't know the exact requirements, but it was something like two exits, a doorbell, windows, and some other things about the individual rooms.
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