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Okay so here's the story. I am 20 years old and currently renting an illegal 2nd floor apartment in West Islip, New York. The apartment has 2 bedrooms, a living room, bathroom, and "kitchen" which just has cabinets and a refrigerator (no stove, no sink). There is only one way out, no fire escape, and my way in the apartment doesn't have a door handle, only a padlock (I believe this is a fire hazard.)
All of the electric in the house is extension cords running from one outlet to another. I cannot vacuum and watch tv at the same time without blowing the power in the whole apartment. I bought a countertop stove so I can cook, and this alone blows out the power. So basically there is a big problem with the electric.
The water is rusty from time to time. And always smells like chlorine. It is un drinkable, and the showers aren't pleasant.
On top of all this the rent is $1500 a month. 3 months after living here I decided I can no longer live under these circumstances. I signed a one year lease the landlord had printed up and also paid $1500 as a security deposit.
I just paid rent today for this month and would like to know how I can go about getting my security deposit back and move out for the 1st of next month.
All advice is appreciated as this is my first time dealing with a situation like this. Thank you
Google "New York State landlord tenant laws" for a start. If it's an illegal apartment (which from your description it seems that it is) you have plenty of recourse, including not only the fact that it's an illegal apartment but that the conditions fall under the*habitability clauses common to most state laws. Why on earth you even decided to rent the place is questionable but it IS April 1st, after all ....
Did you inspect the apartment prior to signing the rental agreement? Did you know it was "illegal" at the time you rented it? How do you know it's "illegal" now?
Here's what happens in Islip when you report to the building inspector's office an illegal apt. First, it is checked out. The owner has no option to refuse entry to an inspector. The inspector declares it an illegal apt and the landlord is charged a fine - PER DIEM - until the landlord can prove the apt has been dismantled. I hope you have a copy of the "lease" you signed. (One should ALWAYS insist upon a copy of what one signs.) Keep that copy somewhere OTHER than the apt and speak to the landlord. Tell him/her you want a return of your rent for this month as well as the security deposit (I hope you either have receipts or cancelled checks for proof). If the landlord refuses, tell him/her that you will be off to the building inspector's office to report the illegal apt and will show them the copy of the lease as proof it is being rented.
BTW, the landlord is not entitled to collect rent on an illegal apt. The landlord is not entitled to evict you or any other remedy at law because the landlord is committing an illegal act. I do not know if you will be able to recover monies paid (such as monthly rent or security deposit) for the same reason, although it would seem to me that you might.
I have a friend who rented a part of her home to someone she then tried to evict and she learned the hard way about illegal apts. She paid enormous sums first to have the kitchen removed/dismantled while accruing daily fines until it was reinspected. She doesn't want to discuss it so I was unable to ask her about the tenant receiving back monies he had paid her.
The landlord is not entitled to evict you or any other remedy at law because the landlord is committing an illegal act.
that always confused me, can't use the eviction process when an apartment is illegal but the law also says the teneants must vacate until it becomes (if ever) a legal apartment? What if the tenant says no I;m not moving, how do you get them out?
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