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My husband and I rent an illegal basement apartment. At the time of signing the lease our landlord stated it was "legal". We were leary and signed anyway. Recently there was an anonymous complaint issued to the building department about the apartment. We were told we had to leave. According to some they stated the landlord has to pay you back all of the money you have paid them (for rent of course) including the security deposit. is that true? does anyone know??
My husband and I rent an illegal basement apartment. At the time of signing the lease our landlord stated it was "legal". We were leary and signed anyway. Recently there was an anonymous complaint issued to the building department about the apartment. We were told we had to leave. According to some they stated the landlord has to pay you back all of the money you have paid them (for rent of course) including the security deposit. is that true? does anyone know??
They might have to if you take them to court. It's not a short process. I'd ask for your security deposit back pronto, and threaten to take them to court if you don't get it.
From what I've seen, unless you have a very cooperative landlord, you are going to have to take this to court. A friend of mine went throught this a few years back and was told by the judge that since she was renting illegally she had no legal rights to claim on her landlord. A bit harsh, but my point is that you may be in an uphill battle.
Not True- My friend went to court in 2007 for a similar reason. The judge sided with the landlord which makes sence. You rented an aprtment and got what you were promised, the fact that it was a illegal aprtment does not negate the fact that you lived there for x months and paid x months worth of rent. You should only be due your security deposit. That's exactly what the judge told my friend. Your better off just moving on, the security deposit is not worth the hassel and time of going to court. If it is to you then good luck.
Not True- My friend went to court in 2007 for a similar reason. The judge sided with the landlord which makes sence. You rented an aprtment and got what you were promised, the fact that it was a illegal aprtment does not negate the fact that you lived there for x months and paid x months worth of rent. You should only be due your security deposit. That's exactly what the judge told my friend. Your better off just moving on, the security deposit is not worth the hassel and time of going to court. If it is to you then good luck.
Personally, I think you're entitled to your security deposit back and maybe something for the trouble of the expedited move unless they gave you adequate time to get out.
Why would you think you would be entitled to live the entire time rent free?
Personally, I think you're entitled to your security deposit back and maybe something for the trouble of the expedited move unless they gave you adequate time to get out.
Why would you think you would be entitled to live the entire time rent free?
Because they read somewhere you could and nobody thinks about whether it is right or not, just that they know they can pull one over on someone else, so why not?
Yes, I'm a little bitter!! Virtually every place that I lived from 1994-2001 was "illegal" in some way...college houses with more than 4 unrelated people...illegal..basement apartments...illegal.."cottages" made out of detached garages..ILLEGAL!!! I knew it, but without those type of places, I wouldn't have been able to afford to live on LI. They exist FOR A REASON.
What does that have to do with it. I'm just pointing out the facts. I have yet to hear of anyone that took a landlord to court to ask for all the rent they paid to be refunded because the apartment was illegal. Though I have heard of people going to small claims and losing. As for asking for taking the LL to court for security, if the LL is that much of an ass that he won't pay it back then maybe they should. But SC court costs time and money, and even then it's not a guarantee that they will pay you if you win. Years back I took my LL to court to get back my security deposit, I won the case but it took me another 6 months after that to get the money. In the end I spent more in time and money then what the $800 security deposit was worth. The only upside was that I won and that I made him pay, but in the end my net proceeds were negative. So take it for what it's worth.
I don't know about getting the past rent refunded to you. It might happen in some courts if the judge is feeling ultra-punitive towards illegal landlords, but in many it might not.
Things you can sue for:
Moving expenses
Storage expenses (if you cannot get another place right away and are evicted and have to stay with friends or family)
Real estate fee if you need to use one to get another apartment
How many months are remaining on the lease? If the next apartment you get costs more than this one does (also take into account utilities), you can sue for the difference for the time period remaining on the lease
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