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Any help here would be much appreciated. I lived 6 years in an illegal basement in Queens Village. No lease was ever signed and there was no security deposit. When i first moved in the rent was 400 and went to 500. Wwhen i got married and my wife moved in, it went up another 100 and then when i finally moved out, it was at 700 with the landlord wanting an additional 100. Due to several issues I went through over the years and an un-fixed stove, and leaks due to rain and the toilet getting backed up do to piping issues and constantly having to be serviced I wanted out. On top of that the landlord said i need to pay her another 100 (800 months rent) or have to find a new place.
During my residence in the basement there were several issues that happened including the basement being flooded with about 6 inches of water from back to front resulting in a lot of valuables being damaged and thrown away (this was a result of the landlords washing machine hose breaking and the water not turned off). The washing machines were used by the landlord and she pretty much did laundry whenever she wanted to, sometimes leaving the basement door open and letting cold air in. Another issue was the boiler spewing out black soot into the apartment covering many of my belongings in a black grease (very difficult to clean). Several times unlicensed workers (cheap labor) was hired to fix the boiler to no avail (which meant me being constantly inconvenienced by the comings and goings of these "laborers." Also at one point there were bedbugs in the basement that the landlord claimed i brought into the house and was my responsibility to to take care of. The next big issue was that any time it rained, the basement would get leaks that would soak the commercial carpet that covered the floor. This resulted in mold in the back area. These were some of the biggest issues living in this house but there were more. Final major issue was that the shower/ bathtub wall had a window with a wooden frame. The water rotted out this wood frame and ran down the inside wall rotting out the sheet rock wall and resulting in tiles falling off the wall exposing insulation. This was brought to her attention but never fixed.
The basement had two entrances, up internal stairs and through the landlords kitchen as well as through the back up a set of stairs. yUpon entry you would walk down a set of stairs, open a door, and have one door in front to my part of the absement, or a door to the right into the boiler/ laundry room. Through my door you immediately enter a small kitchen with a non working stove and two your right was a small room with the boiler and two washing machines with slatted closet type doors acting as 50% of the partition. After the kitchen you had a small square space(living room), a small enclosed room (bedroom), and a small hallway to the right that had the sewage access in a closet and the bathroom at the end that had a bath installed (what i understand to be illegal).
No taxes were ever paid because the landlord did not claim the money on her taxes (everything was in cash). Again no deposit was made and no lease was ever signed. On the last month, I moved out after two weeks and the landlord has called harassing me saying she will take me to court if I do not pay her $350 for the two weeks I still lived there. Please help me and let me know if I must pay this money or what legal ramifications there are. I have a wife 6 months pregnant and $350 is a lot of money right now. I do not feel inclined to pay her due to these issues and knowing her she WILL continue to harass and threaten me. I really need any advice and help anyone can offer.
And I have searched the forum looking for similar situations. I have looked for places over time to move out but understand that any time i approached the landlord with an issue i was told if i dont like it i could move out. So trying to pay rent and everything else you are forced to put up with whatever for that cheap a rent. When she came to ask for 800 a month I made way to move out by getting a second job to make ends meet. Again any help is appreciated.... not judgement.
And I have searched the forum looking for similar situations. I have looked for places over time to move out but understand that any time i approached the landlord with an issue i was told if i dont like it i could move out. So trying to pay rent and everything else you are forced to put up with whatever for that cheap a rent. When she came to ask for 800 a month I made way to move out by getting a second job to make ends meet. Again any help is appreciated.... not judgement.
You shouldn't have to live like that, that's crazy! These landlords are real pieces of work. I rent a nice one bedroom, second floor, with attic storage and a dishwasher, A/C, microwave, fridge, ceiling fans, and a built in office space for $900. I could never fathom paying what you pay for a crappy basement. Basements are very unhealthy to live in.
And I have searched the forum looking for similar situations. I have looked for places over time to move out but understand that any time i approached the landlord with an issue i was told if i dont like it i could move out. So trying to pay rent and everything else you are forced to put up with whatever for that cheap a rent. When she came to ask for 800 a month I made way to move out by getting a second job to make ends meet. Again any help is appreciated.... not judgement.
Good, you put the big boy pants on and did what you needed to do. Once the baby is born, wifey needs to get back to work, and you need to get some education and/or training so you can earn a living wage for your family.
LUCK!
******
To your situation,
You wrote quite a bit regarding your living circumstance, but very little regarding the alleged owed rent.
Why does the Ll claim you owe $350. When did you move? Did you pay rent for the last month?
Oh, I get it, you moved in the middle of the rent period, correct? Consequently, you paid only a half rent, correct?
Hey I do not know if the place was illegal. The conditions sound poor, but you really haven't provided proof of illegality. Though the furnace issue sounds close.
Let's presume it is, play hard ball and threaten her with calling the city and reporting her; and that you will sue for the rent paid, which she is not entitled to.
How does she even know where you live and/or your phone number?
In any event, at the least tell her you are not paying, and if she wants take you to court. If she does so, worry then, when/if you get served with papers.
Btw, did she compensate you for the items damaged in the flood? Hopefully, you have some receipts. Tell her you'll counter-claim for the value of the items.
I basically only paid for the last month month that i lived in the house and did not pay for the two weeks that I was still there.
I checked the building classification and it is only an A1-1 house so I know that it is illegal and she has admitted to it being illegal.
She doesn't know where I live and I can always change my number but it's not like that would stop her from finding me eventually. The compensation for the items damaged was pretty much her saying I don't have to pay that month's rent and her replacing my Xbox. That was it.
This living arrangement started off fair but over time she played the card of "you don't like it then move out." Anything that ever happened in the house was my fault and any time i said it was cold or she needed to close the door when she entered and exited the basement, i was told pretty much deal with it or move out.
If its truly an illegal basement apartment then the landlord has far more to worry about than you. Find a legal aid office and discuss this. You may be due damages from this scuzzy person.
One last questions to this... Let's say she really does go to small claims and try to take me to court for the $350.00, what will that do? Someone told me that regardless if its an illegal basement or not I owe her money end of story. But if there was no lease, the basement is illegal and theres no proof for that matter that I lived there for 2 additional weeks what will small claims tell her?
Make sure your proof that the apt is illegal, is true and real.
Call the Buildings dept and report her and ask that the property be inspected, so there will be a record. Bring your proof to court, along with results from the building inspection, if available.
LLs are NOT entitled to rent from an illegal dwelling. There is no ambiguity.
At the same time, you can counter-claim for past rent paid.
She is not going to small clams court. Illegal apts can cost the landlord a lot of money. If she took you to court and it was an illegal apt the judge would throw out her claim at best(for her that is). At worst she would be fine a lot of money. You have nothing to worry about. If your smart you could get so much money from her if you counter her suit.
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