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First of all, I want to thank anyone who reads this in advance, I know its long but I want to fully explain the situation!
I live in Town of Valley Stream. I have been renting an illegal basement apartment for a year and a half now. Its a legal 2 family, but the basement where I live is illegal. Now, my landlord had a dispute with an old tenant, the old tenant reported the landlord for the illegal apartment.
So today my landlord tells me I have to move out within a week. She is having electrican and plumber coming in a couple days to turn off water in my kitchen and take stove out.
Can they do this to me??? Its not realistic to find a new apartment and move in within a week. Also, my landlord is a crackhead they'res no chance of getting my security deposit back.
Even though its an illegal apartment, do I have any rights? Can they really have someone come and turn off the water and take out the stove while I am still living here? They don't have to serve me any kind of written notice, or give me X amount of days to move, etc?
My landlord claims I have no choice, that if I dont listen to her and move immediately, that the town can just come and force me to leave with no notice since its an illegal apartment, is that true?
I would like to be able to stay another month or 2, and save the money that I would have paid her for rent, to put towards a security deposit on a new apartment, it seems only fair to me, since she doesnt have my security deposit to return. And do I have any recourse to recover all the rent Ive paid her, since its illegal apartment? Someone told me she has to give all my rent back to me, but I'm not sure how true that is.
Any advice anyone has is much appreciated. Its very frustrating to be a good tenant, pay my rent on time each month, and get screwed because my landlord rented out an illegal apartment. Obviously, if I had known all this, I never would have moved in in the first place.
Thank you for your help!
I'm sorry that this happened to you. Below grade basement apartments are illegal in both LI counties.
Yes. Your landlord must follow proper eviction procedures, but not that the illegal apartment has come to the attention of the town authorities, you will be evicted. If I were you, I'd start looking for a new apartment.
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