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When the sister goes to court for her eviction, the judge isn't going to care about the illegal unit...he's there to address the eviction for non payment of rent. If he does question it, he's going to ask the sister why complain now, you were happy up until to stopped paying rent.
The sister needs to pay the rent or move.....harping on the legality of the unit isn't going to do her or her son any good.
There is no law that say you have to have a mailbox at your home...you can always rent a PO Box. When we lived in a small town we had to rent a PO Box as we didn't have home delivery.
I can't find it, but I swore there was a thread posted not too long ago from a lady complaining about her landlord not caring that her kid was sick...sounded very much like this one....but from the sister's side
I'm just saying, if they ARE immigrants, there's more help for them right now than you think. There are several programs geared towards immigrants becoming productive (legal) members of society without having to live in shacks. In my area, immigrants automatically get all kinds of benefits from the government, even if they're illegal.
And BTW, adding in more info, especially info that contradicts itself, example, the sister HAS to work ckeaning houses and babysitting for a living because her son is too sick. Someone asked, "then what did she do before her son got sick?" And OP reiterated the same as above. So if he's lying to complete strangers who are trying to help him and he came here asking for advice, then does nothing but add more info "relevant" to the apartment being illegal, but NOTHING update wise as to what he or his sister has done so far to truly get them out if the horrible situation they're in, it really makes you think that they're not trying to help this poor baby boy with cancer, only how long they can hunker down in an apartment free of rent.
I came on to update all of you on whats going on. I received a call from my sister yesterday. She extremely worried and doesn't know what to do. She asked me what to do because the LL keeps calling her about the rent. She asked if she should give her the rent money or what to do because she's worried and her anxiety is of the roof.
I told her to go talk to an experienced lawyer in these matters (so she did). The lawyer advised her not to pay the rent if it looks like the apartment is not legal. He said first, get an inspector to take a look at the apartment and make sure it is illegal. Then when we are sure it isn't legal I will take it from there.
Let me just add that the LL called my sister several times telling her to go see her lawyer (The LL's lawyer). She wouldn't say why but was extremely persistent about it. My sister replied to her and said that she will not see her lawyer without her own lawyer present. The LL didn't care and kept pushing her to see her lawyer without my sisters lawyer present. (Just though I would mention this)
Two days ago my sister went to her sons high school to speak to the guidance counselor. She wanted to explain to her that she isn't able to provide an affidavit to the school so her son can start school. The lady told her that she will help her but the first thing we need to do is have someone from the school go to her apartment and make sure she lives there. After doing this she will make a letter which my sister will sign stating that she does live there and someone has viewed the apartment. She also mentioned that if there is an attic and a basement rented it is illegal because that house is a two family house and isn't registered that the basement and attic are being rented.
Here is where it gets interesting. Today while i'm at work my sister calls me and says that the LL frantically stalked her until she was able to speak to her. The LL said there was a man wanting to come inside and kept looking at the third floor. The LL didn't answer this man that came by and stayed inside (My sister said the LL looked afraid). This man couldn't ring the bell since there wasn't any and didn't call my sister which is weird if he did come from the board of education...
It seems that the person that came by looked like a city inspector. My sister decided to call the school and talk to the guidance counselor about the situation. My sister explained to her what happened and the counselor replied with a smirk and said don't worry, everything will be alright (as if she called the city inspector herself). My sister did tell the LL that the board of education was sending someone to look at the apartment so she can prove that she lives there.
Today she went to the post office because she isn't getting any mail. She thinks the LL is holding it. She told this to the post office officials and they will hold her mail for one month. She can go pick it up whenever she wants. After the month is over she can extend it another month per what she told me.
@Senga
Per the first floor tenants. They pay the basements utilities per LL's agreement. The second floor tenants we recently found out pay the attic utilities. After careful research this house was actually a one family house which was converted into a two family. My sister is a citizen of the united states. Her only issue is that she's a single mother with two kids and two dead beat dads that never helped her. That's why I lived with her and helped her threw her tough times but I have a life I have to live as well.
My sister found a few apartments already. Your assumptions on this whole situation is not helping me. You're making her look as she asked for all of this and wants to live rent free. That's not the case. Thank you for any advice you have given but I rather not hear any more of it. Thank you again.
@Migratingcoconut
I am not sure what you're assuming by speaking of race (seems like he's bilingual). My sister is legal if that's what you're assuming. As more people ask more questions I keep answering them because I have nobody to speak to about this and not enough funds to consult a lawyer about it. The internet provides a community of people who have been in similar circumstances and they would know more about what will happen, what I can do and what I can't do then a lawyer at this point. Knowledge is power and any advice is helpful. I like to find answers wherever I can so I can help her the best I can.
As for adding more info, I keep adding it when people ask but it seems the same questions keeps being asked over and over. Please make sure to read all my replies. Thank you.
@ajintown
Thank you for the kind reply. I felt the positive energy from your answer. My sister said this to the LL before this began, "LL I do not wish this to be a problem for I am not that type of person. I just want you to understand my situation and I am trying to do everything I can for my kids. I do need the rent receipts and I know you never provided them to me before (even though i requested them at times) but it's for my child's insurance. As you know my son has cancer and I am a single mother"
LL replies; "If your son has cancer that is not my problem. I have problems as well and its important that the rent is paid". She later on took this back and said she was sorry that she wasn't thinking straight and that it was mean to have said that.
The lawyer told my sister that the lease is void since the apartment is illegal. At this point my sister just wants to leave that apartment so she doesn't have to stress any more. She is working on it and I will keep you all up to date. Thank you again for your replies, even if they weren't positive. Have a good night and God Bless.
Almost forgot, for those who asked why she does what she does its because its a flexible schedule. She was an accountant for 6-8 years. Having a 9-5 job means she can't be there if he sons sick or can't pay a babysitter. Lots of things come into play. I think I provided enough information. Mind you, no support from the father.
Last edited by Xx NJ Renter xX; 09-14-2016 at 08:39 PM..
I suggest it's high time your sister sues the dead beat dads for support..and I also suggest you do whatever you can to help your sister out. Get her out of that unit and move her into yours or get another unit for the four of you. It won't be forever and as you keep pointing out, " She's a single mom and her kid has cancer".....yeah, you have a life to live, but this is your sister. Help her.
This is your answer. Why all the rest of the drama and attorneys and school meetings, etc, related to the current living situation where she is not paying rent? I don't understand. She needs to move asap before this landlord gives her a bad recommendation and she is unable to rent anywhere else.
Help her to focus. Sign new lease, pay deposit/rent, make arrangements to pay past due rent to current landlord, move. Give new address to school, post office, doctors and health insurance company.
If she doesn't have enough money after not paying rent these past few months, you and your family need to help her somehow. When you moved out, did that hurt her financially? Is that why she's in a bind now?
Jesus. Of course landlord's frantically upset, she hasn't been paid in over 2 months, and your sister has absolutely no intention of paying her. And I don't know your specific state laws, and apparently neither do you, but you can't just squat without any repercussions. And that's not something decent people do.
And I asked about the immigrant thing because as I already said in my last post, YOU CAN GET SIGNIFICANTLY MORE ASSISTANCE if that's the case. Don't act all offended when I stated something that could be to her full benefit. Like, free house for 5 years benefit.
If your sister hasn't paid rent for two months and has it in the bank how does she not have enough to monry to move? She needs to get out asap. She is putting more stress on herself by not doing so.
I feel for her, however she is loving rent free and not paying utilities! This is money out of the landlord's pocket.
Let me just add that the LL called my sister several times telling her to go see her lawyer (The LL's lawyer). She wouldn't say why but was extremely persistent about it. My sister replied to her and said that she will not see her lawyer without her own lawyer present. The LL didn't care and kept pushing her to see her lawyer without my sisters lawyer present.
I completely agree. It would be totally crazy to see your opponent's lawyer without your own lawyer in attendance.
Just one comment to add (not sure if I understand the situation correctly) tenant needs to either pay rent or vacate. That's a not paying rent issue. If I were the landlord I would begin eviction proceedings on the basis of tenant not paying rent. Seems pretty clear cut to me.
A case in Santa Clara made national news when a the tenant stopped paying rent for an illegal second unit.
The judge ordered the homeowner to vacate the residence so the tenant could move out of the illegal unit and into the legal one.
The basis is only one legal unit exists and the tenant had a valid lease for that address...
The tenant was not held responsible for the unpaid rent and was credited for all paid rent on the illegal unit with the one year lease modified by the court to start the first day of occupancy of the legal unit.
Media had a field day showing the home owner moving belongings to storage...
There's a good reason I follow all laws and contracts as best as I am able.
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