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I received an D.O.B notice on the front of my building door stating that there was a notice for inspection....in the basement...My llord called me earlier concerning the letter I mailed him in certified mail explaining the poor conditions in the place...I spoke with them(him &his wife) but they became angry when I told them that I had no idea this place was illegal when I signed the lease by looking at this notice of inspection...Anyway they threatened to remove my bell by tomorrow and to install another locked door in the entry to the inside basement apartment... I was furious because I need my bell and other things to receive my frequent packages....They got nasty and told me never let the inspector in because they will be fined up to 10,000.00....I was very upset & earlier I even called legal aid but the process is a little slow... I need some advice thanks.......
You do know that signing a lease is putting your acceptance on a legal document, right? A judge may not accept the "I had no idea" defense.
Ahhhh, what school did you receice your legal degree? Or have you some legal training provided by the Transit workers Union? Or have you been attending the 304 (another illustrious forum legal eagle) school of law? Whose motto is: my father is a lawyer and by osmosis so I am!
Fred,
How many courts have you been before? How many cases plead? How many papers have you prepared?
If one does NOT know, then why post erroneous advice, as if one does know?
Why regurgitate NONSENSE?
*****
To the OP,
FIRST, in response to the previous comment, the poster's assertion is incorrect. The Court will have little concern regarding any pre-knowledge on the part of the tenant.
Simply put, a tenant's pre-knowledge had NO part in creating the apartment, consequently, the tenant cannot be held responsible, nor culpable in 'creating' the apartment.
The LL is solely responsible.
As a result, the LL CANNOT BENEFIT!
The Court's responsibility is to enforce the law; and in regard to illegally created apartments, the law is unequivocal and rather harsh toward the landlord.
SECOND, advice? In what regard? How to get your bell back?
How can you be advise, if you have not stated what is it that you want?
****
Again, @Fred,
In regard to the lease agreement, the 'contract', there is no contract. A contract cannot be created which breaks the law. Renting an illegal apartment is, ahhhh, ILLEGAL!
So, there is no 'legal' document---PERIOD!
Even so, precisely WHAT would the tenant be 'accepting'?
The terms of the agreement? OK
The condition of the apartment? The condition must meet the law.
The illegality? An illegality cannot be accepted, by law.
So what is your goal here? To avoid the lease and move? To stay and have repairs done?
The apartment is illegal and apparently the City knows it and eventually it will come to light regardless of removing the bell and hiding the door. When the City rules it illegal, as it will, you will lose the apartment.
Unless it is a terrific deal, start looking for a new place. If the landlord wants to skulk around hiding from the City inspectors at least he is making money doing so, but as a tenant you should not be put in that position.
If you want to move, then just move. No landlord will present this case in court. If you want to stay, know that it will not be a long time before the City rules you out.
edit: (Typing at the same times as previous poster.)
When the City rules it illegal, as it will, you will lose the apartment.
JCs advice is correct. (thanks for doing the heavy lifting) However the above is unlikely to happen. Short of an extremely hazardous or immediate danger to life where in Tim Lynch, forensic engineer for the City declares an immediate eviction you'll be negotiating how much money the LL will be paying you to move.
If Lynch rides up on his bicycle remember to run back in and take your pet hamster. once he vacates the space there is no going back and the hamster is left to starve.
Here's the thing, the inspection people don't just go around picking random places to inspect. Someone must have notify them. And who was the person?
Standing in the landlord's side, it will be a HUGE loss for them paying up to such fine.
Standing in your side, it will difficult for you to handle this problem.
Just try to talk to your landlord, tell them you will need 30 days to move and they must return security deposit(if you make all your payment on time).
Trust me, you wanna have a happy ending on this kind of thing. Otherwise, it could get so nasty...
You do know that signing a lease is putting your acceptance on a legal document, right? A judge may not accept the "I had no idea" defense.
The OP is not (I assume) a building inspector and is not expected to have any knowledge of what does or doesn't constitute an illegal apartment.
And to the OP: You really hold all the cards here. I like that your landlords are threatening you and getting nasty while at the same time asking you not to let the inspector in...
Your landlords are about to get hit with fines in the thousands of dollars, probably including the total amount of rent they've collected from you during your tenancy (if they were allowed to keep that money, they'd be benefiting from breaking the law, which they can't do).
Now is probably a good time to start looking for a new place. Tell your landlord that in exchange for covering your moving cost, plus a nice chunk of cash (say maybe your first two months rent at your new place), you'll agree to quietly move out and not to say anything to the inspector while you still live there.
Here's the thing, the inspection people don't just go around picking random places to inspect. Someone must have notify them. And who was the person?
Standing in the landlord's side, it will be a HUGE loss for them paying up to such fine.
Standing in your side, it will difficult for you to handle this problem.
Just try to talk to your landlord, tell them you will need 30 days to move and they must return security deposit(if you make all your payment on time).
Trust me, you wanna have a happy ending on this kind of thing. Otherwise, it could get so nasty...
Here we go again!!
Poor legal advice.
The tenant is entitled to all monies paid in rent. WHY settle for the security deposit?
The tenant is entitled to all monies paid in rent. WHY settle for the security deposit?
I've heard this before and I have a question about it: I know the landlord can't keep all the rent they've collected since they'd be benefiting from breaking the law, but do they have to pay it back to the tenant, or does it go to the court in the form of a fine?
A quick glance at the thread title and I thought this was gonna be about Jesus...
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