Illegal apartment in New York (not city)

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Old Feb 7th, 2008, 05:47 AM   #1
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Unhappy Illegal apartment in New York (not city)

First let me say hello! Well I seem to have a problem. My apartment was recently found to be illegal. I was notified about this around January 7.I received a letter from the city inspector i had come to my apartment(hole in bathroom floor that landlord hadn't fixed for 6 months) around the same date.The landlord gave me a letter stating that he needed me to vacate by the 31. I explained to him that I needed a full 30 days so we agreed on February 7. Well today is February 7. And honestly i haven't been able to find a place in my price range that will accept a one shot deal. So obviously I am still occupying the apartment. I just would like some advice on what I should do and what can be done. I just need some advice. This was my first ever apartment. I had been told many things about back rent and such but was told that since my agreement was month to month and not a lease it doesn't apply to me. I really just need a place to live. Please help if u can. Thank you.
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Old Feb 7th, 2008, 08:46 AM   #2
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Default re: Illegal apartment in New York (not city)

This really depends on what the city inspector's reaction was to the declaration of an illegal apartment. Call the inspector and ask him what it means there to have an illegal apartment. In my area, it would be a small fine for the LL. But in many areas of the country, an illegal apartment means you will have to vacate immediately. I suspect this is the case there.

Either way, you are on a month to month agreement and the LL has given you a proper 30 day notice. You have no protection from a lease. Since he has already given you proper notice, you must move out immediately. If you fail to move out, he can file eviction against you for holding over after proper notice to vacate. With only a month to month agreement, he can give you this notice without any reason. Your only defense is to say that he is being retaliatory since you called the building inspector. (But if the inspector ordered him to have that illegal unit vacated, this defense is useless. He must vacate that unit.) I suggest you start looking very hard for a place, everyday if need be. Once eviction is filed against you, it will be on your court records for years. It will be even harder to find a LL who will accept you then. If you can't find a place, the court will eventually set your belongings to the curb. I'm sorry I don't have any better advice. Please find someplace to go ASAP. You may want to call a local LLs association (search online for one). Call them and explain that you must get out of your place since the building inspector ordered it vacated for being an illegal apartment. One of the LL members may rent you a place if you are a good tenant. Good luck.
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Old Jun 20th, 2008, 08:57 PM   #3
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Default re: Illegal apartment in New York (not city)

First of all if the apartment is illegal you cant be taken to court for non payment of rent if he served you the 30 days notice you dont have to pay any attention to it this is a paper drawn out by his lawer telling you he needs you to move out if you dont move out he will have to take you to court on a holdover case meaning hes taking you to court to evict you and that takes time when he goes to court they will serve you with a court date and thats no gonna happen until about 3 weeks later then when you go in front of a judge all you have to tell him is that the apartment is illegal and you are not at fault he dident make you aware of this situation before you moved in the judge will give you from 2 to 3 month to move out and you will not be responsable for paying one cent in rent i already went through this same situatuon. The law is tottaly against landlords that rent illegal apartment for their own monetary gain. So they will be on your side let him take you to court do not move out in the mean time try to save as much as you can.
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Old Jun 22nd, 2008, 03:12 PM   #4
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Default re: Illegal apartment in New York (not city)

I don't know who that last poster is, but he is incorrect. He has no idea of the legal process and is confusing several topics (the illegality of a unit, a 30 day notice, and an eviction process). The legality of a unit is a civil matter for the zoning commission and rarely affects any LL's ability to sue you for non-payment or eviction. In only a few places (NYC for one, and in rent controlled areas) the LL could not take you to court over an illegal unit. But in nearly every other place, it is merely a zoning problem and has nothing to do with your and the LL's rights. A LL has the right to sue you for eviction and non-payment in an illegal unit the same as a legal one in nearly everyplace else. The LL will later face a fine for the illegal unit.

A 30 day notice is a REQUEST to vacate. It is NOT the first step in an eviction for non-payment. It is not a legal notice. If you fail to pay rent, he will issue you a 3 day (in the OP's state) Pay or Quit notice. That IS the first step in an eviction case. It is a legal paper. He does not have to wait until the 30 days is up to file this against you. He merely has to wait until you fail to pay the rent when due. If you do not leave within those 3 days, he can still file eviction in court. Once filed, it will show up on your court record for any future LL to see. It is a public record that anyone can see. Even if it is later dropped or dismissed, it shows up on your record!!!

Unless a copy of an inspector's report says the unit is illegal and that you MUST move, the legality or illegality of the unit is worthless. It will not protect a tenant against an eviction suit. It merely means the owner will be fined for an illegal unit after the fact. He will have to get the proper zoning and C.O. for the unit to re-rent it. But it does not affect his ability to file against you.
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Old Jan 6th, 2011, 04:33 PM   #5
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Default Re: Illegal apartment in New York (not city)

What was this previous writer talking about. If its an illegal apt.........landlord gets ZERO PERIOD. No rush to move out.....landlord knowingly rent illegal apt........if landlord was a nuisance...........tenant can request cash to move from the dwelling...............landllord gets fine if tenants report apt to the state........... 30day notice.....ok..........tenant can wait until 30 days expire..........landlord gives notice to quit.......ok............then tenant goes to court and respond to the notice............... inform court that its based on retaliation.......eg calling the cops for illegal entry.............or calling dept for heat etc...........this is NY now..............next you get serve with a court date...............tenant can go the day before hearig and ask for an extension for whatever the reason if it applies.............this can be done three times..........after that tenant can go to court....................see the judge........make the request for payment to move bc LL violated privacy....................if judge dont agree or tenant dont agree with judge..........tenant can ask for a jury trial............thats another six weeks or so...............nowadays............next ask that jury for the time or money bc landlord violated your space and retaliated...................that how many months you think...............pleaseeeeeeeee go to the courts and get the facts for your state bc the speaker prior sounds like a misleading landlord........best of luck
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Old Jan 6th, 2011, 09:48 PM   #6
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Default Re: Illegal apartment in New York (not city)

Seriously? Do you honestly think that same poster is still going to be around after 2-1/2 years to read your response?

Lesson to learn: Necroposting is pretty foolish.
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Old Jul 21st, 2011, 04:38 AM   #7
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Default Re: Illegal apartment in New York (not city)

Quote:
Originally Posted by sandyclaus View Post
Seriously? Do you honestly think that same poster is still going to be around after 2-1/2 years to read your response?

Lesson to learn: Necroposting is pretty foolish.
Not being helpful is foolish. Can anyone think and type at the same time???

Perhaps the response was not intended for the original poster. Perhaps the response was added for people who currently need help out of the topic "situation" here, and land on this page.

For those people ... that person gave the correct information.
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Old Jul 21st, 2011, 04:51 AM   #8
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Default Re: Illegal apartment in New York (not city)

OOPS! and after I was commenting on the other person not thinking while typing ... depending on individual circumstances, THIS ONE (below) IS CORRECT!!! I Try not to push your luck though people. Let your LL know you know your rights - then request cash for keys in order for your expedited exit. Make sure you limit the hard core tactics to those who can afford it i.e. rich ppl who cut corners to save a dime. Avoid financially traumatizing poor folks who acted in desperation to make ends meet and will most likely lose their property as a result of your actions. That is, unless you never do anything wrong and karma doesn't have your address.

What was this previous writer talking about. If its an illegal apt.........landlord gets ZERO PERIOD. No rush to move out.....landlord knowingly rent illegal apt........if landlord was a nuisance...........tenant can request cash to move from the dwelling...............landllord gets fine if tenants report apt to the state........... 30day notice.....ok..........tenant can wait until 30 days expire..........landlord gives notice to quit.......ok............then tenant goes to court and respond to the notice............... inform court that its based on retaliation.......eg calling the cops for illegal entry.............or calling dept for heat etc...........this is NY now..............next you get serve with a court date...............tenant can go the day before hearig and ask for an extension for whatever the reason if it applies.............this can be done three times..........after that tenant can go to court....................see the judge........make the request for payment to move bc LL violated privacy....................if judge dont agree or tenant dont agree with judge..........tenant can ask for a jury trial............thats another six weeks or so...............nowadays............next ask that jury for the time or money bc landlord violated your space and retaliated...................that how many months you think...............pleaseeeeeeeee go to the courts and get the facts for your state bc the speaker prior sounds like a misleading landlord........best of luck
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Old Jul 21st, 2011, 05:12 AM   #9
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Exclamation Re: Illegal apartment in New York (not city)

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What was this previous writer talking about. If its an illegal apt.........landlord gets ZERO PERIOD. No rush to move out.....landlord knowingly rent illegal apt........if landlord was a nuisance...........tenant can request cash to move from the dwelling...............landllord gets fine if tenants report apt to the state........... 30day notice.....ok..........tenant can wait until 30 days expire..........landlord gives notice to quit.......ok............then tenant goes to court and respond to the notice............... inform court that its based on retaliation.......eg calling the cops for illegal entry.............or calling dept for heat etc...........this is NY now..............next you get serve with a court date...............tenant can go the day before hearig and ask for an extension for whatever the reason if it applies.............this can be done three times..........after that tenant can go to court....................see the judge........make the request for payment to move bc LL violated privacy....................if judge dont agree or tenant dont agree with judge..........tenant can ask for a jury trial............thats another six weeks or so...............nowadays............next ask that jury for the time or money bc landlord violated your space and retaliated...................that how many months you think...............pleaseeeeeeeee go to the courts and get the facts for your state bc the speaker prior sounds like a misleading landlord........best of luck
THERE IS NO "NOTICE TO QUIT" AFTER YOUR 30 DAY NOTICE TO TERMINATE TENANCY. THIS IS A COMMON MISCONCEPTION. THE LANDLORD CAN PROCEED WITH EVICTION ON DAY 31, IF THEY CHOOSE. 30 DAY TERMINATE DEFENSES ARE RETALIATORY EVICTION AND LANDLORD HARASSMENT. THE BURDEN OF PROOF IS ON THE TENANT. SHOW UP TO COURT WITHOUT IT AND YOU WILL LEAVE UNHAPPY. THIS IS UNLESS YOU CAN GET YOUR LL TO OPEN THEIR MOUTH AND LET VERBAL EVIDENCE FALL OUT IN FRONT OF THE JUDGE!

IF YOU RECEIVE A 3 DAY NOTICE TO PAY OR QUIT- YOUR DEFENSE OF "ILLEGAL APT" WILL VOID YOUR LANDLORDS EVICTION IF BASED ON THE THREE DAY PAY OR QUIT BECAUSE LL CANNOT COLLECT RENT ON ILLEGAL APT. IF YOU RECEIVE ANY OTHER TYPE OF THREE DAY QUIT NOTICE WATCH YOUR BACK CAUSE YOUR LL IS ABOUT TO PLAY HARDBALL! JURY TRIAL COSTS EXTRA THAT TENANT WILL HAVE TO PAY IF THEY REQUEST IT - BUT THIS MUST BE REQUESTED BEFORE YOU EVER SEE A JUDGE. BEST ADVICE IS TO CONTACT NEAREST LEGAL AID ORG. OH AND HAVING A LEASE VS A MONTH TO MONTH GIVES MORE PROTECTIONS.

GOOD LUCK.
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