Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
i just moved into an apartment which is nassau county. It's a residential apartment on the second floor and it's basicly one with the auttic. there's no ceilling separating them. I signed a two year lease and moved there half a year ago so i still have another year and a half to go. the reason why i signed the lease it's because i needed somewhere quick because my girlfriend was about to move to long island. the place is badly put together. the wall is already comming apart. there's two little dark holes that i found and cold air is comming out of them. i have no clue what to think about them. the kitchen does not have a stove. I am over paying for the apartment and i just want to get out. I barely have money to get food because all my income is going toward the rent. And i'm still in college. I know i've made a bad decision by moving in. I'm not looking to hear that again. I just want to know, according to the description i gave, if the apartment is illegal and if so does that void the lease. And i also know that he is not paying taxes for the apartment. I am relying on someone's answer so please help me out here. thank you
one more thing. let's say i don't have money to pay for the rent. Can he evict me. and if he can am i going to jail or suffer any kind of damage from an eviction?
Dude, this is not a problem for you! Trust me.
Have you considered your options? S'pose you just decided to stop giving the landlord any more money? It's easier to rid the Hilton of bedbugs than it is to "evict" a renter.
The lease? Hell, it's just a piece of paper. The Constitution is a piece of paper too, but that doesn't mean that it'll be honored or respected. Whether you got into this sad
apartment by handshake, handjob or a written lease, possession is still, 9 tenths of the law. Upon your comment, I'm almost tempted to shut down my computer and put on
my DVD video of "Pacific Heights", and brush up a tad, on the realistic landlord/tenant relationship.
But, somewhere in my mind I get the feeling that you are a troll. I can't explain why I feel this way, except to say that I took notice of your comment to the point of
seeing the "I", (first person singular), throughout your comment, inconsistently used. Like a handwriting analyst, I saw a distinct characteristic attribute, which somehow,
led me to believe that your comment had an underlying meaning, it was simply a bait, put out for other reasons. If you'd expect me to take you at face value, why would
you also want to let me know that you are a college student who can't correctly spell, coming, one who owns a computer, linked to an internet provider and is on the brink
of starvation, having to choose between eating, and losing the apartment? Has your schooling failed to teach you that only the strong survive? Be strong, be firm, stand
your ground, man! No heat, no patching up, no rent money. It's not quite as hard to master as say, Boulean equasions, but unless your landlord be a first generation
foreigner, he should understand the simple analogy, "no tickee, no shirtee"...
Have no fear, things will work themselves out. If I have misjudged you, sorry about that. First things first, just stop paying the landlord, but escrow the rent money.
Your landlord may be operating illegally or finageling the town about his rentals, believe me, he's more than likely got a few skeletons in his closet. You guys need to sit down
together over a beer, you telling him about the holes in the wall or the heat, and he, living up to his responsibilities, before you fork over the rent.
There are many other fine threads here at city-data, that will offer you better advice about evictions, than mine. I've had a mug or two of grog, and am feeling quite
effervescent, in all honesty, between the Bud and the buds, right this moment, I'm buzzing like a fly, on a road apple.
A: It sounds like it's an illegal apartment. First off, I believe for them to make a legal rental, it has to have two viable exits or it won't pass the code enforcement (someone correct me if that's wrong). Second, if he's not paying taxes it's not legal. If it WAS a legal apartment, you'd actually probably have more recourse because real landlords are required to maintain the property so they'd have no choice but to fix stuff like your walls falling apart and holes, etc. Can you describe *exactly* what the lease looked like that you sided (how was it formatted, what information did it have, etc)?
B: If it is an illegal apartment, the lease means absolutely nothing--you can't have a binding legal document outlining an illegal process. If I were you I would find a new place and give him 30 days notice or whatever and be done with it. That way you're giving him time to find a new tennant so you're not being a d***. Realistically though, if you wanted to, you could pack up your stuff and move today and if it's an illegal apartment, there's nothing he'd be able to do about it. You have to remember that he's the one that will get in trouble if 'the law' got involved, so there's really nothing he can do. Again, this is *if* it truly is an illegal place.
C: As for getting evicted and being on the streets in a matter of minutes, I don't think that can happen. When you have residency somewhere the property owner has to give you I believe it's 30 days... I've learned from witnessing a ton of family disputes over the years where the owners want a person who lives there out and the cops always say it can't be done--sometimes all it takes is having a toothbrush in the house and you can claim residency. So no, he can't just kick you out one day. But he can evict you for not paying rent-just has to give notice. Cops will have to get involved if he pushes it.
**One thing I'm NOT clear on is if it IS an illegal apartment and he wants to evict you for non-payment of rent. I'm sure he can't do it do to the residency reasons I said above, but I'm not sure what recourse he DOES have, since getting third parties involved will reveal he's got an illegal apartment. I just don't know how something like this would play out.
Just out of curiosity can I ask how you are? Are you parents around? What is the rent in this place? Your best bet is start looking on craigslist and the pennysaver and just find something else--there are a million of the out there. Even if it's something cheaper and you only want to stay for six months, just do that. If your rent is so serious that you can't eat then you obviously need a new place. Just find one and move out. Give you notice if you can but if you can't then oh well--you can't afford the rent anyway so he'll want someone else in there.
Why not visit: Land Record Viewer
Find out if it is a legal apartment by entering the address of the house.
If it's not, tell the landlord you're moving out. If he mentions the lease, tell him again that you're moving out and leave it at that. You could also inform him that you found out the apartment is illegal and you do not feel comfortable renting such.
If it is a legal apartment, inform the landlord that you have found yourself unable to continue to afford the apartment AND that you will give him two months to find another tenant, after which time you will move out. I'm no lawyer, but what could he possibly do? If the government lets homeowners walk away from their 30 year mortgages these days, why should the courts give you a hard time about breaking this lease?
I think the bottom line here is that OP doesn't have the money to pay the rent anymore. He just wants to get out of the lease. So aside from the holes, no stove just talk to the landlord and tell him the truth that you are having financial problems and can't afford to pay the rent and would like to move out.
If the landlord gives you a hard time, I'm sure the other posters can give you more suggestions on how to handle this.
First try to be grown up about it and face it like a man. Next time you plan on renting an apartment, figure out what you can afford before signing a lease and getting over your head.
I appreciate your reply. I am real I was at work when I wrote it and my break was running out.
I really just want to move out. He harasses every month three days prior to when the rent is due.
I am a true imbecile for getting myself into this.
I already told him I wanted to move out but he told me that he had to sue a girl that was trying to get out of the lease but the difference is that she had the money to pay every month. And the court ended up letting him confiscate all of her stuff. That kind out scared me a little bit because I don't want to get involved with the law. But if that were true, what happened to specific performance? I'm thinking the court would've ordered her to stay there right?
I'm just trying to gather as much info as possible so I don't make another dumb decision and suffer the consequences later...again
thanks again
Woody156 how do i know if it is a legal apartment. i checked out the link you gave me but i don't know exactly what to look at. I looked at the land title and it says One family year round residence and the landlord do have tenants downstairs so shudn't it be saying two families instead of one. and there should be two bathrooms but the site is only saying there's one bathroom. There's also this paragraph:
A One Family Dwelling Constructed To Accommodate Year-Round Occupancy,I.E., Adequate Insulation, Heating, Etc. Includes Duplex Type One Halfownership And Row Type Individually Owned. Note: If Not Constructed To Accommodate Year-Round Occupancy, See Property Class Code 260.
do you know what that means [woody156]? does it even have anything to know with my situation because i don't really get the meaning of it.
thanks a lot.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Dude, this is not a problem for you! Trust me.
