Being a tenant in a basement

[NewYorkBorn]

I went through this same thing about 6 years ago when I was living in the basement apartment of a 2 family home in the Bronx. The landlord lived on the top floor, had a tenant on the ground floor level. Well things unraveled the minute I was laid off from my job. Was still paying the rent but could no longer afford to pay it all at once because I was on unemployment. Long story short..........me and the landlord went to war because she was greedy and started refusing to accept partial rent payments. However she could not take me to court because the apartment was illegal in the first place. I went to landlord/tenant court and told them what was going on.........they advised me not to pay her another dime to live in an illegal apartment..........then advised me to prepare to move. I did as I was instructed but before I moved she was reported to the NYC buildings department! They came out to investigate what was going on.........took her to court, gave her numerous fines and made her dismantle the illegal apartment.

[tooldude]

how much do people usually pay for these illegal basement apartments? and do you have to sign any type of contracts?

[jcoltrane]

Originally Posted by Allenof BK

I have a question...

I also live in the basement of a single family home. I have been here for over 6 and a half years. Now my landlords, who happen to also be family, are renting the entire house and I have to be out by the end of the next month; I also pay rent. Since I am family, must I go so easily? Also, it makes me wonder what they told the rental agent when he saw that the basement (which could be illegal...one meter etc) was occupied.

Do you have a lease? What are the terms?

Likely, you don't have a lease, which means your a month-to-month tenant, at best! Landlords need only provide 30 days notice and NO Cause to evict.

Let us presume the apt. is illegal. So what do you want to do? Cause problems for your family? If causing problems is no problem, then could refuse to move, and become a holdover. In which case, your family would have to commence a Holdover Proceeding to evict you. You could then go to court and spill the beans.

If the apartment is illegal, then your family, as LL, will liable for any damages regarding the illegality, that you may have suffered. Treble damages if the judge decides, and they'll have to stop renting the apartment and/or make it legal.

The question is whether you want to go through that (and/or be vindictive); and, whether your family/LL is willing to go through the eviction proceeding. Particularly, if the apartment is illegal, then most likely they will not wish to do so---opening themselves up to treble damages and other potential fines.

IF they are not so willing, then perhaps you can NEGOTIATE, either for more time, if you need/want it; or, possibly a cash inducement ---specifically if you don't have the money to move.

I suggest you do the homework and/or consult an attorney. Also, TALK to your family, there may be legitimate reasons they are doing what they are. Just understand you're going to be the bad guy.

Life just isn't made to be fair. Accept that reality and make the necessary changes in your life and you'll find greater satisfaction, if not happiness.

[omigawd]

Originally Posted by bluedog2

If the unit is illegal and he/she reports it to the city,the city will swoop in and move his/her /their things out onto the street within 24 hours!The city will evict or move people out and seal the premises. Once the city has formal knowledge (as in writing) of this type of situation they have to act immediately.

l.

This is NOT true. The city will not "swoop in" and move his stuff out onto the street. You sound like an illegal slumlord talking.

As for the OP..... I would secure a new apartment first. Then, contact the Buildings Department and have them send an inspector out while you still have access to the apartment --- this way, you can let the inspector in, let him see the apartment, take pictures, etc. If you move and then report it, it's going to be near impossible to prove since the LL doesn't have to let an inspector in.

Also, the LL has absolutely NO right to be in your apartment without your consent unless it's an absolute emergency (fire, flood, etc). You can actually have him arrested for burglary if he goes in your apartment w/o your permission.

[Dbatiste]

If a lease states that the lanlord can have access to the apartment (for inspection purposes) but will give a written or verbal 24 hour notice....then that is legal. Please keep in mind that tenants do illegal things in their apartments and an inspection is sometimes necessary.

[dontplaywithme]

I need someone's help!! I am living in a 2 bedroom apartment in Mount Vernon, New York. I have been living there for 3 years. However, I had an agency that was willing to help me with my rent, by paying 30% of my rent. However, my Landlady wouldn't sign any paper work because she said that she doesn't paying taxes on her rented apartments. I am thinking that it is illegal to rent an apartment and not pay any taxes on the money coming in. What do you think????

[dontplaywithme]

Was she orderd to pay you any money back?