Illegal Apartment on LI, questions as tenant (apartments, security deposit, house)

[brucew]

We are renting the upstairs of what we thought was a legal 2 story house on LI, in Suffolk County. Before we moved in we asked several times if it was a legal apartment, and we were told yes.

I found out within the last week that the house is listed with the town as a single family residence. The house has only 1 electric meter, 1 mailbox. Downstairs is a 1 BR apt, with full kitchen and bath.

On top of this, our LL had our cable lines running downstairs, and we just found out that the cable we have been paying for (was not included in rent) has been used by the downstairs tenants for free for the last 1 1/2 years. The LL pays for heat, elec, water.

We want to move out and have 1 year remaining on our lease. I have been reading all kinds of conflicting opinions on:

1. Do we still have to pay rent until we move? We can be gone in 60 days

2. Do we have any legal recourse towards any back rent?

3. Do we have any legal recourse towards the stolen cable?

4. Can landlord sue us for remaining time on lease?

5. How much trouble can LL get in if we started reporting violations?

[Faworki1947]

I can answer your question on the cable line issues
call the cable company and complain about stolen cable .. and the downstairs guy will get a bill ..
what the LL did was illegal since HE wasnt paying for cable .. are you sure the downstairs folks didnt tap in themselves? either way they can be gotten for priated use .. its called THEFT of Services ..
nope you wont get anything back .. sucks but you have made a point that no one steals from you ..

[ssww]

How do they prove that downstairs people used the cable? Wouldn't that be something the cable company ask for?

[omigawd]

1. Do we still have to pay rent until we move? We can be gone in 60 days

You can stop paying rent. If he takes you to court, you put your answer IN WRITING that the apartment is illegal and, therefore, he is not entitled to collect rent. Same thing happened to me. I withheld the last month's rent because I had a security deposit that I knew wouldn't be returned if I moved. The slumlord took me to court and the judge so much as told him he's lucky I didn't decide to live there for 6 months without paying rent because he's not entitled to anything.

2. Do we have any legal recourse towards any back rent?

No. Any rent you paid is consdired "voluntarily given" and you can't get it back.

3. Do we have any legal recourse towards the stolen cable?

No. The only thing you can do is report it to the cable company. They will disconnect the cable. Not sure if the downstairs person will get a bill or not since there's no way of proving how long they were tapping into your cable.

4. Can landlord sue us for remaining time on lease?

No. You can't sue to enforce an illegal contract.

5. How much trouble can LL get in if we started reporting violations?

A lot. My former slumlord was fined $3500 for the illegal apartment. He had to pay back taxes and he got fined for the condition of the property. You simply report him to Code Violations in your town and let the inspector come in your apartment, take pictures, etc. You can also fill out an affidavit regarding your knowledge of the other apartment(s) in the house.

[Paracil18]

I just read all of your posts re: renting illegal apartments and find myself in the same situation - I've been there for 10 months. The apt. is a basement and is illegal, no lease, I have receipts for all the monthly rent I've paid. The reason why I'm moving is that there is a groundwater problem. Everytime there is a heavy rain, water comes up through the tiles throughtout the apt. I have to have a dehumidifier running constantly (I usually empty it at least 15 times a week - it holds a gallon of water). Plus his girlfriend lives at the house and she lets her dogs run loose all ove the property, using it as a toilet - I can't tell you how many time I've stepped in something nasty courtesy of the dogs - they don't pick up after them. I called the health dept and they said I could file a complaint against them for that alone. Plus the deal with the illegal apt, etc. I find it interesting that if there is an illegal apt, that you don't have to pay rent. I am planning to move in about 2 months, but refuse to pay him anything more, until he does something about the water problem and th dogs. Thanks.

[Nancy-NJ-NY-ME?]

Originally Posted by omigawd

5. How much trouble can LL get in if we started reporting violations?

A lot. My former slumlord was fined $3500 for the illegal apartment. He had to pay back taxes and he got fined for the condition of the property. You simply report him to Code Violations in your town and let the inspector come in your apartment, take pictures, etc. You can also fill out an affidavit regarding your knowledge of the other apartment(s) in the house.

If you're going to report the LL to the Village or Town Code Enforcement Officer, it might be a good idea to have your next apartment lined up. The Code Enforcement Officer may find significant violations on the property that could result in the occupants having to move out immediately.

As the saying goes, "be careful that you wish for".