Illegal Rentals on LI (Huntington, Northport: eviction, landlords, inspector)

[omigawd]

Originally Posted by etaoin

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Again, in Huntington, the agencies can be fined or lose their licenses if they rent someone an illegal apartment.
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Even in the last house rental I lived in, which was legal, i lived off the deposit.. first because I was ending my lease early simply because hte landlord decided to sell AND despite the fact that I was a Realtor living in teh home he didn't list it with me..

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Wait. You decided to break the contract (lease) and that's the landlord's fault? You're lucky you didn't get locked out. Once I let a tenant live off the security deposit because I knew she was completely reliable and would leave the place in great shape (and she did) and she was saving with her new husband to buy a house. But I certainly didn't owe her that--she was a lovely person and I was sorry to see her leave.

There you go again..... first of all, you CANNOT "lock out" a tenant without going through formal court proceedings. Where are you getting your legal advice from?!???!

The agencies can get fined or whatever, but they're still doing it.

[TristansMommy]

This thread speaks VOLUMES to the housing problem on LI. ....

And.. people wonder why a lot of people stretched to buy a house.. who the heck wants to rent with all this nonsense..

LI doesn't have enough LEGAL and AFFORDABLE rentals PERIOD!!
That being said.. whle there are a few bad ones. there are more good ones..
It just seems there are bad ones.. because no one comes on the boards to praise their illegally renting the apartment landlord..LOL

[omigawd]

I'm still wondering where etaoin is getting his/her legal advice from?!?! This lawyer who gave the advice hasn't a clue.... "other than that, you're on your own".... I don't think so....

And, yes, this thread absolutely speaks volumes of the housing problems on LI and the total ignorance of many LI landlords. UN-REAL!!!!!!!!!!!!!!!
I have to leave this thread for a while... just thinking about this crap and how the LLs think they can do whatever they want makes my blood boil!

[kicksave]

hope this help......lets start stating some facts instead of what we hear around the watercooler!!!!


Civil Code 1954Under Civil Code 1954 , the landlord may enter your unit without your permission ONLY:
(1) in an emergency, like a fire or broken pipe, or
(2) upon reasonable advance notice, and then ONLY:
(A) to inspect, repair, or show the apartment,
(B) during normal business hours [presumably Mon.-Fri. 8AM-6PM 24 hours is presumed to be sufficient notice]
You do not have to be home when they come, but the landlord is liable for anything stolen or broken.
The notice must identify a date and reasonable time range [like an hour] within which the entry will occur
(E) The notice MUST be written [not oral or e-mail], except if a WRITTEN notice that realtors will be showing the property is given, for the next 120 days only an oral telephonic 24 hour notice is required [business hour limit still applies]
(G) The right of entry can't be "abused", so that an open house, lock box, extended repair, daily entry, or excessive range of entry time are probably all "abuses" which you have the legal right to prevent.
The nature of the reasonableness of the notice seems to be to give you time to pick up the place, secure pets, arrange to be there, or otherwise make ready for the visit. The law is not clear, here, and the above is the best interpretation of what the law probably is.

[kicksave]

Hope this helps

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable television facilities. (Public Service Law §228) .

[kicksave]

I could keep going with all these codes but i stress they MAY NOT APPLY to illegal rentals people, I dont care how much you stomp your feet. LL's of illegal houses dont give 2 sh*t what your rights are so again , let them know from the get go........Renters - treat your aaprtment like you would like someone to treat yours
Landlords- respect your rentals like you would like to be respected!

[TristansMommy]

Originally Posted by kicksave

I could keep going with all these codes but i stress they MAY NOT APPLY to illegal rentals people, I dont care how much you stomp your feet. LL's of illegal houses dont give 2 sh*t what your rights are so again , let them know from the get go........Renters - treat your aaprtment like you would like someone to treat yours
Landlords- respect your rentals like you would like to be respected!

That was well said!!

[omigawd]

Originally Posted by kicksave

I could keep going with all these codes but i stress they MAY NOT APPLY to illegal rentals people, I dont care how much you stomp your feet. LL's of illegal houses dont give 2 sh*t what your rights are so again , let them know from the get go........Renters - treat your aaprtment like you would like someone to treat yours
Landlords- respect your rentals like you would like to be respected!

Thank you for posting the codes so we can finally put THAT to rest!!

I would think it applys to illegal rentals as well. The LL is getting $$ in exchange for the apartment and there's no saying the tenant KNOWS the apartment is illegal. The tenant is renting the apartment in good faith, believing the apartment is legal, so they are entitled to their rights under the law just as a tenant of a legal apartment would be.

[okaydorothy]

As a landlord with legal propeties with valid rental permits, may i chip in here. And yes, i have rented in the past for 7 years.

I always give my tenants privacy, and in return I expect the home to be well taken care of. I expect the rent to be paid on time ; as stated on the lease.

In return, I have had a home trashed by the tenant to the cost of $18,000. She had the nerve to sue me to return her security deposit. Security is exactely that ; security against damage. Two tenants actually used their security to pay their last months rent. I would definately have gien it back to one person ; she left the apt spick and span. But no, she didnt pay her last months rent. Anotehr tenant had to be asked to leave as he was 2 months behind ; again, I would have given him back his rent as he just left the apt dirty ; dirt I can live with.

But I cannot live with broken windows, broken doors, fleas, holes in walls, broke faucets, stole alarm keypads, trashed carpets, the list goes on.

I agree that tenants need their rights. But when tenants do so much damage and they are not respecting the property, then something needs to be done for the landlord.

d

[TomMoser]

Originally Posted by omigawd

Tom, are you going to say that you, as a RE agent have NEVER brought a prospective tenant to an apartment that you KNEW was illegal but you just overlooked it? Or the LL told you it was legal but you never bothered asking for a CO? If so, then you are probably the ONLY RE agent on LI that hasn't.

I have NEVER brought a prospective tenant to an illegal apartment that I knew was illegal. When I list an apartment I ALWAYS check the public records to make sure that it is a legal 2 family home or I check with the town to see that it has a current rental permit. By the way, I manage an office of 18 agents, and this is my policy for the entire office, so I know of at least 18 other agents on LI that do this.