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Old 09-14-2013, 11:23 AM
 
9 posts, read 14,207 times
Reputation: 12

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3-Family, Illegal Rental House in Islip Township. Month-to-month tenants (no lease). Good Tenants, pay rent (by check) on time for 2 years. Family of mother, father, 2 young children, 1 enrolled in elementary school. Utilities paid by LL and entire house on one bill (all tenants).

Landlord lives next door. LL verbally indicated on 9/10/13 that we are to move out by 11/1/13 or our rent is raised by $200/month. This is bullying and strong-arming behavior on part of the LL because he does not like Mom (me). On several occasions LL was confrontational with family and friends who pulled into our driveway, screaming at and scolding them for using the driveway. This eventually resulted in words being exchanged between myself and LL. Hence the attempted eviction.

What are our rights?? How long can we realistically stay in our home and continue paying our current rent without the increase? Can he legally lock us out or any other retaliation? What is our recourse if he continues to harass us??

Thank you for your input!
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Old 09-14-2013, 11:47 AM
 
Location: Planet Earth
1,474 posts, read 3,058,894 times
Reputation: 1505
The LL has EVERY RIGHT to raise your rent. Do you even have an idea of what utilities cost these days???? You are on a month to month. You should be thanking him that he gave you 2 months instead of the required 30 days. Either agree to the price increase or move.

He cannot lock you out. If you stop paying he still has to legally evict you. He cannot lock you out, shut off utilities, enter your apartment, etc.... If he does any of these things you can and should call the cops.
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Old 09-14-2013, 12:01 PM
 
9 posts, read 14,207 times
Reputation: 12
Mr. Bitterness, I appreciate your response. Is his verbal notice sufficient or does the required 30 day notice need to be in writing? I understand your assertion that utilities are high and he has a right to raise the rent, but you have no idea the amount of money we pay each month to live here. $200 is quite excessive considering there are 2 other families in this illegal rental house.
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Old 09-14-2013, 01:25 PM
 
Location: under the beautiful Carolina blue
22,672 posts, read 36,816,101 times
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And if he does evict you, good luck getting another lease if the LL does a background check.

If you don't like paying the rent charged then buy your own place.
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Old 09-14-2013, 01:43 PM
 
655 posts, read 1,061,341 times
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As the utilities are paid by the LL and you are a family of 4? $200 is pretty reasonable given that the LL has to have a cushion in case you abuse the utilities, which is common. All inclusive pricing is usually a good deal for the tenant (and sometimes indicative of an illegal situation), so if the LL costs go up he has to pass that burden on to you. Not sure if its oil heat but thats very expensive now and many LLs have no choice but to pass along the bill to you.

Why are you stressing its illegal now? Did you not know that when you moved in? And how much are you paying now that you feel $200 is way too much.

As someone else said either agree or move...especially since you imply your rent is high so maybe you can find something else (although all inclusives for a family are getting harder and harder to find).


Verbal notice was done because I assume LL knows its illegal.
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Old 09-14-2013, 02:50 PM
 
487 posts, read 545,551 times
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If it is illegal, you should not even be there. He is collecting rent on a house he is not paying proper property taxes on which is a pet peeve of mine. That being said, you should move if you are not going to pay the asking increase. He owns the house and has a right to increase the rent. The costs of running a home are escalating by the minute.
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Old 09-14-2013, 09:04 PM
 
9 posts, read 14,207 times
Reputation: 12
Thank you everyone for taking the time to read and reply to my post. I did not know that his rental of this house was illegal when I moved my family in 2 years ago. We do not abuse the utilities, but of course, that is a relative question. I also was not aware that there was a third tenant in the house, basement apartment. That fact was conveniently not mentioned and having a 5 month old baby, being hormonally and sleep-deprived at the time, I was eager to find a larger (and safer) place for my family.

I am not making excuses or looking for an easy out or to screw anybody. I sense a bit of hostility coming from some of these posts, but you are all entitled to your opinions. You don't know me or my situation. I know what is fair and reasonable rent for the space I am occupying, I have been in the rental market for many years. Always a reliable tenant. We chose to move here because it seemed worth the outlay of money and we were desperate coming from our last situation. If we were in a position to have a reasonable downpayment we would obviously buy our own home. We do not. But we still have a life and children and family and a right to live a peaceful life if we abide by the "rules". We have. I am merely a bit shaken that the unacceptable behavior of a landlord has now resulted in my family being put out. His words were "move out by 11/1 or the rent is going up $200". Sounds personal to me. We are a 1 income family with a toddler. I have a young child in elementary school and moving her from school to school based on a lease is not how I operate. I feel we are being treated unfairly, but, as they say, life is not fair. Just looking to have all the facts. Thanks much.
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Old 09-14-2013, 10:25 PM
 
Location: Planet Earth
1,474 posts, read 3,058,894 times
Reputation: 1505
Quote:
Originally Posted by MelAntsMom View Post
Thank you everyone for taking the time to read and reply to my post. I did not know that his rental of this house was illegal when I moved my family in 2 years ago. We do not abuse the utilities, but of course, that is a relative question. I also was not aware that there was a third tenant in the house, basement apartment. That fact was conveniently not mentioned and having a 5 month old baby, being hormonally and sleep-deprived at the time, I was eager to find a larger (and safer) place for my family.

I am not making excuses or looking for an easy out or to screw anybody. I sense a bit of hostility coming from some of these posts, but you are all entitled to your opinions. You don't know me or my situation. I know what is fair and reasonable rent for the space I am occupying, I have been in the rental market for many years. Always a reliable tenant. We chose to move here because it seemed worth the outlay of money and we were desperate coming from our last situation. If we were in a position to have a reasonable downpayment we would obviously buy our own home. We do not. But we still have a life and children and family and a right to live a peaceful life if we abide by the "rules". We have. I am merely a bit shaken that the unacceptable behavior of a landlord has now resulted in my family being put out. His words were "move out by 11/1 or the rent is going up $200". Sounds personal to me. We are a 1 income family with a toddler. I have a young child in elementary school and moving her from school to school based on a lease is not how I operate. I feel we are being treated unfairly, but, as they say, life is not fair. Just looking to have all the facts. Thanks much.
You're not being treated unfairly and you're taking this way to personally. You and the LL have a business relationship. That is all.
He does not have to be your friend or treat you like family. You are income to him.
He has the right to raise the rent. End of story. By law he could have given you 30 days notice.
He gave you 60. I don't understand your sense of entitlement to anything more.
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Old 09-14-2013, 11:36 PM
 
Location: Long Island
9,933 posts, read 23,163,762 times
Reputation: 5910
According to the limited information you provided, you're renting the apartment on a month to month basis. That means the landlord (or you) can give 30 day notice; he doesn't need a specific reason. Sorry, but this has nothing to do with "eviction".

I'm sorry if the raise is a hardship for you. However, if you've been paying the same amount for rent during the past two years, consider yourself lucky. Most landlords raise the rent every year. The rental market on Long Island is currently very strong and it's quite possible that "market rent" for your apartment is $200 more a month.
As was pointed out previously, for the landlord, this is business; over the last two years, RE taxes have increased, utility costs keep rising - those increases get passed on to tenants.
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Old 09-15-2013, 06:12 AM
 
5,047 posts, read 5,807,420 times
Reputation: 3120
As a previous landlord, he has every single right to ask you to leave. He is giving you more than the 30 day notice that is required. As a month to month tenant, you do not have to stay ; you just have to give him 30 days notice also!!

We all have kids, we have all been in your shoes ; right now I am a one income family also (with two teenage boys). You landlord is not evicting you ; that has to be done through the courts!! He is stating a fact and giving you an option ; pay more money, or leave. If the landlord is paying your utilities, consider yourself lucky ; I would never ever have paid the utilities.

It is a business. The landlord has to breakeven on the rent to pay his mortgage, utilities, taxes. And he is dependant on the rent to do so.
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