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This is comical. You were asked FORMALLY to move out and you're using excuses as to why you need more time. Haven't been paying rent either... The landlord wants you OUT and rightfully so! You've lived rent free now for months and months. Enough... The landlord should use every tool possible to get you out.
For the safety and well being of yourself and child that you are clearly not ready to raise, please STRONGLY consider birth control until you are in a better position.
Your life seems way too unstable. It is not safe or fair to bring a helpless human in such a situation and often only perpetuates the cycle of dysfunction and poverty.
Please also see a therapist for your depression as this may also negatively affect your child's mental health.
Also start applying for jobs. I don't know what your skill set is.
However, employers are desperate. Now is the time to find a job that you are marginally qualified for. You also have a higher probability of being able to negotiate a work from home scenario.
Try to enroll in online college courses. SUNY and CUNY is cheap and if you have been unemployed for 2 years you will likely qualify for full tuition financial aid. No one is going to save you and look out for you.
Start making moves to provide a better life for you and your child. Good luck
As far as I understand, I don't need to pay for illegal apartment, right? Can I ask to pay my paid rent back since LL rented this apt to me and I did not know that this is illegal apt?
As I understand the law, you cannot be charged for rent on an illegal apartment, BUT once you have paid this rent, you cannot claim it back.
Quote:
The landlord should use every tool possible to get you out.
Questions:
- As far as I understand, I don't need to pay for illegal apartment, right? Can I ask to pay my paid rent back since LL rented this apt to me and I did not know that this is illegal apt?
- I will use as a defense that LL is retaliating to me for that letter, and that apartment is illegal. Can I counterclaim LL for harassing me and evicting me because of my baby? She also removed doorbells, so I wouldn't give access to DOB inspector (this is what I wrote in the letter as well). Is this considered a harassment?
- Why did LL's attorney send 90-days notice twice? and why he started the case before the terms of the second notice expired? any ideas?
- Any recommendations are greatly appreciated
Sorry for a lot of letters
Your apartment is illegal so you have to leave, anyways, as soon as renter knows that the apartment is illegal he HAS to leave! You have to pay rent for all the time you occupied it, legal or illegal, bc you lived in it, = no refund. LL probably knew that apartment is illegal and wanted you out. He will probably have to pay a fine. All in all you handled this very badly, you should have solved this better amicably, it is never a good idea to have a fight with one's LL.......
Last edited by Rent.in.ny; 03-09-2022 at 08:00 AM..
Politicians are working behind the scenes to make many of these 'illegal' apartments legal. They were even considering converting sheds and garages to studios because of all the housing shortage and affordability issues. They did it before with many walk in basements.
They started the roll out in Brooklyn in 2020.
When this passes many tenants will be sheeettt out of luck because now they have less viable excuse as to why they can't pay rent (although there is very little reason not to).
Plus these newly legal apartments will become market rate apartments and landlords will be even more selective.
Housing court attorneys and politicians don't care about tenants. They care about winning at all cost. If they did they would put their energy into obtaining funding for safe affordable apartments not your right to stay in a hostile or unsafe environment.
Many small landlords are also now selling to wall street investment firms that are ruthless and will dump money and keep properties empty for years before renting to unsuitable tenants.
Purchasing is also insanely expensive. Why tenants think antagonizing the person who is responsible for the roof over their head is a good strategy is beyond me.
now that you're an adult: the adult thing to do as soon as you found out your apartment was illegal- was to move out. not extort the landlord to live rent free for years while simultaneously trying to get him/her in trouble with the building department.
This is an illegal apartment (attic) and the landlord has no legal ground to a) rent the apartment out and b) collect rent from anyone for it.
This landlord has made a very unwise decision in their greed, and rented out illegal spaces in their home, placing their house in jeopardy, as well as their finances.
My advice would be to go ahead and find a legal apartment to rent, since you have a very young child, and need to have a peaceful, clean and proper apartment to raise the baby in.
If you were not in a situation where you had children, you might want to fight this and get your rent potentially returned to you, since the landlord is completely at fault.
NYC housing court judges are very strict and super pro-tenant in situations like this. Landlords in this situation are viewed as greedy, and money hungry to rent out illegal spaces in their buildings, then become bullies to the tenants, when they get caught. This space is also a fire hazard, so this landlord is a moron, for lack of a better term.
But, my advice to you is to put all that aside, and just move out, for the sake of your child's peace and health.
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You've lived rent free now for months and months. Enough... The landlord should use every tool possible to get you out.
