basement apt (Nassau: apartment, rental, home)

[pinkdiva01]

I currently live in a basement in suffolk county central islip. I don't have a lease and I moved in a year ago around the 17th or 18th. There are 2 bedrooms small windows. I have been paying rent on or around the 5 or 10 of the month as per the landlords request. I do believe your suppose to to pay on the day you move in. I have now advised that I'm moving out as of sept 15 and have given them 300 already but advised I'm going to live out the security. They are now wanting me to give them more money. That wouldn't be living out the security. One the listing for the home per property shark this is a 1 family home also on turilo and zillow they all say 1 family and there is only one meter for the entire home. Would thus be an illegal basement and since I'm moving in 13 days should I offer them more money.

[InfoSeeker52]

You can't "live out" the security. The security is intended as collateral in case you cause damage to the apartment, so the landlord can use it for repairs after you leave - it cannot be used to pay down an outstanding rent balance.

Since the apartment is a basement, it's probably "illegal" in the sense that there's no C/O, but as far as I know, that doesn't change your obligation to pay rent for living there as you've already agreed to do - check out this page » What Every Tenant Should Know Nassau/Suffolk Law Services Committee, Inc. for more information.

[ave1024]

Living out security is not allowed since it isn't rent. It's security. Pay your rent.

Also it's mildly amazing how tenants always want to bring up the "illegal" aspect of their rental when it's convenient for them. It's never brought up when they need a place.

[poorperson]

why did you move in to an illegal apartment? it is always the unfair landlord. If you have a receipt for your security he will give it back. if you do not I would hold the rent and live off the security unless the landlord will give you a letter outlining your security, when you will move out and any money issues. an honest landlord does this with no problem as he will not the right thing, the question is will you do the right thing.

[ave1024]

Originally Posted by poorperson

why did you move in to an illegal apartment? it is always the unfair landlord. If you have a receipt for your security he will give it back. if you do not I would hold the rent and live off the security unless the landlord will give you a letter outlining your security, when you will move out and any money issues. an honest landlord does this with no problem as he will not the right thing, the question is will you do the right thing.

The OP is obviously already delinquent (her own admission) and is likely taking advantage of the situation. I highly doubt in this situation any security would be getting returned when there is back due rent.