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Hello everyone my name is Martha and I am a landlord in the town of Islip, Long Island New York. I have been renting out my basement apartment to someone for the last 9 years. My tenant claims to have some problems that I didn't take care of and I raised rent .. he offered me a check and I refused it because I only take cash since I am renting out an illegal apartment. Now he hasn't paid rent in over 2 months. I have never had problems with my tenants in all the years that he has been living here, just recently he hasn't paid rent and now I am taking him to court for the rent that he owes me and I would like to evict him as well. We have court in 1 week and I also got a lawyer. Will the judge make him pay me back all of the rent he owns? and how long will the judge allow this tenant to live in my basement apartment, basically how long does the evection process take? I never had a permit to rent out my apartment, is there a possibility that I will get fined for this? I would like my rent money, I gave him a 3 day notice from the lawyer with the amount he owes, now I am taking him to court. He says he never knew the place was illegal until I refused the check. but I am afraid that I will get in trouble for it being illegal. I did some research and I believe the tenant will be find, not me. I heard that I will only get fined if the tenant reports me to the IRS. Is this true? Thank you in advance
Well my lawyer told me it didn't matter if it was illegal or not, I can still evict and possibly get rent that is owed. What if I got the basement apartment legalized before the court date? What will be the outcome for both me and my tenant? I certainly hope the judge will not allow him to live here rent free, I'm hoping my tenant doesn't ask for "some time" to move. What if that's the case? And will the judge ask me to pay for moving expenses? And am I supposed to have his security deposit in a bank account earning interest? I don't have his security deposit at the moment, my lawyer stated on the 3 day notice that security can not be used as rent and the tenant can't live out the security.
You have a lawyer. What is he for if not to answer and give advice on these questions?
I don't think you'll have luck collecting back rent on an illegal apartment (courts don't like to enforce illegal contracts) but you ought to be able to evict him.
I would simply get him out without going to court, even if you have to give him some money to move. It sounds like going to court to collect back rent on an illegal apartment would be an admittance of guilt on your part.
If it were me, I'd offer him a 1000.00 to move. And I wouldn't rent the apartment out until I got it legal.
This attorney doesn't sound like he has experience in this area. I can't believe he would risk putting you in front of a judge when you don't have clean hands.
If I was the tenant, I'd counter sue you for all the rent he paid you because it was an illegal apartment.
I agree with the above, pay him to leave and don't go to court.
Quick internet search says you can collect back rent, article below. Took me all of three minutes so your lawyer should have been capable enough to answer the question.
I don't typically help people who break the law and evade taxes but you are about to **** someone off and I hope they do their civic duty and report you to the IRS, the city/county, and anyone else who can set you straight.
Quick internet search says you can collect back rent, article below. Took me all of three minutes so your lawyer should have been capable enough to answer the question.
I don't typically help people who break the law and evade taxes but you are about to **** someone off and I hope they do their civic duty and report you to the IRS, the city/county, and anyone else who can set you straight.
That's a good find! I wonder what her town will fine her for 9 years of renting illegally.
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