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Can I chime in on this as someone who, in her previous life, was a L/T attorney in NY?
I've read this thread with great interest. (You can take the girl out of the law office in NY but...)
What has called out to me in this conversation is the idea of the "desperate tenant". What happens when you're faced with the prospect of losing a place to live? All else goes out the window. And, when you're faced with the knowledge that you don't have a lease? And, to boot, have paid in cash? It's your word against theirs. That's a HORRIBLE place to be in.
And, that's the position of many tenants on LI.
The law does protect them. But, only if they know about it, and have the where-with-all to proceed.
L/T law is pretty simple. Leases, of course, are the best evidence, but in NY (and many other places) the payment of rent is presumptive evidence of a lease agreement. If you can prove this payment (which is obviously difficult with cash), it then falls on the landlord to show that there wasn't an agreement or that the agreement was breached in some other way. Which, yes, is pretty hard when the payment has been made and can be proven.
Even without a written lease, the landlord doesn't have a right to lock the tenant out at their whim. Again, a breach of the lease agreement is harder to prove without a written document, but still possible. And, the NY courts *do* hold landlords to a relatively high standard when it comes to this.
Eviction processes in NY are what they are. Non-written lease agreements as well as written ones are treated the same. Of course, there is the issue of *proving* that there was a lease when it's not written, but simply because there wasn't a written lease does NOT, in any way, preclude a tenant from coming to court.
I can see where someone who is in an illegal rental wouldn't want to (or be able to) come to court to fight for their rights, but that doesn't mean that those rights aren't there.
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KISSES...HUGS... AND MANY KUDOS TO YOU!!!!!!!!!!!!!!!!
The "Town of Huntington Attorney" and "Building Inspector" should come here to learn a thing or two... It's a VERY scary thing to hear that a "Town Attorney" and a "Building Inspector" would tell someone that a tenant in an illegal apartment has "no legal recourse"... VERY, VERY SCARY!!!!!!!
. And I guess you're saying that the Town of Huntington attorney and the building inspector were wrong when they told me, as a tenant, that tenants of illegal apartments have no legal recourse. Guess you know more about the law than they do..
I guess I do.... at least I READ the law about this topic... Maybe you can print out a copy of NYS Tenants Rights Guide put out by the NYS Attorney General and a copy of the Landlord/Tenant Court information from the Suffolk County District Court.
I'm sure the NYS Attorney General and the District Court Judges know a teensy bit about the law!
As for the California Civil Code 1954.... Here is the NYS equivalent, as posted by the NYS Commission on Human Rights:
Commission on Human Rights (http://www.ongov.net/Human_Rights/renting.html - broken link)
And don't let it fool you because there is information in there about Section 8 housing, mobile home housing, or anything else. These are NYS LAWS and, therefore, apply to ALL of NYS, including Long Island.
Truthfully, as a landlord, you should print out all three of the things I posted so you can educate yourself on your rights and responsibilities as a landlord, as well as your tenants' rights. It seems to me (from your own words) that you have been horribly misinformed and mislead.
As for the California Civil Code 1954.... Here is the NYS equivalent, as posted by the NYS Commission on Human Rights:
Commission on Human Rights (http://www.ongov.net/Human_Rights/renting.html - broken link)
And don't let it fool you because there is information in there about Section 8 housing, mobile home housing, or anything else. These are NYS LAWS and, therefore, apply to ALL of NYS, including Long Island.
Truthfully, as a landlord, you should print out all three of the things I posted so you can educate yourself on your rights and responsibilities as a landlord, as well as your tenants' rights. It seems to me (from your own words) that you have been horribly misinformed and mislead.
You can always tell a newbie republican- they're the ones who just put a dollar in their pocket and magically found their jesus. Not the real jesus, mind you. The fake jesus that makes you believe it's ok to crucify people with unqualified opinions.
Had any of you cared to know, you could have asked. But you didn't...
My sisters family is well clear of here for two years now. I'm right behind her, without a single regret.
Okayyyyy.........
And what exactly are you talking about???????????????????????
You can always tell a newbie republican- they're the ones who just put a dollar in their pocket and magically found their jesus. Not the real jesus, mind you. The fake jesus that makes you believe it's ok to crucify people with unqualified opinions.
Had any of you cared to know, you could have asked. But you didn't...
My sisters family is well clear of here for two years now. I'm right behind her, without a single regret.
You can always tell a newbie republican- they're the ones who just put a dollar in their pocket and magically found their jesus. Not the real jesus, mind you. The fake jesus that makes you believe it's ok to crucify people with unqualified opinions.
Had any of you cared to know, you could have asked. But you didn't...
My sisters family is well clear of here for two years now. I'm right behind her, without a single regret. "
This makes no sense.
Anyway:
Quote:
Truthfully, as a landlord, you should print out all three of the things I posted so you can educate yourself on your rights and responsibilities as a landlord, as well as your tenants' rights
I could not agree more, my landlady gave me a lease when we moved in, with written specifics on what was expected of us, I had no reason to believe the apt was illegal.
The last e-mail she sent me which I mentioned many pages back she wrote "you were aware of the status of the apartment when you moved in"
SHE ASSUMED we knew?!!! she wrote this 1 week after I had asked her directly "Is this apartment illegal" (remember? she had e-mailed me that she did not declare her rental to the IRS and that was the last of the clues) She said yes, this was 2 months AFTER we moved in.!!
We have been away on a business trip, but now we are actively looking for a new apartment. Apparently there is an apartment complex with a managers office near our work for the same price as my lousy basement(water and heating included).
We feel completely ripped off. I just want to let it go, but it is definately hard
If she does not give us our deposit I will take her to court. I am doing the newspaper trick as reccomended by a member on a earlier post.
Not that I have one to report, just curious...*smile*
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