What Happens if a Unit is Found to Be Illegal? Call us and find out why we’re the evictions lawyer near you. However, landlords are still entitled to receive rent for the reasonable value and use and occupancy of the premises that is due, and may evict tenants if there is a good faith reason (such as nonpayment of rent). to learn about the eviction process, call us. This man testified that when applying for the position, he presented Mr. Hadden with a false social security number, one assigned to his son. While local zoning ordinances vary from town to town, illegal apartment zoning issues typically come up when a landlord rents out an attic, basement, or garage unit. A landlord should consider all the possible ramifications of such a practice and speak to a knowledgeable real estate attorney in the area. If the tenant knew that the apartment was illegal, then in Queens and Kings Counties, the landlord or owner may be able to collect rent. In other words, there were less than three families living there and hence no violation that would trigger the forfeiture provisions of the Multiple Dwelling Law. Generally, the answer is no. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. He doesn’t even knock and it really irks me! California law does not reward a landlord who has an illegal structure, and it also punishes the landlord by declaring the contract leasing that structure “void.” If your local municipality finds out that you are renting out an illegal unit, usually the state will deem your rental agreement “unenforceable.” Some states allow tenants to collect “eviction fees” or another form of payment from the landlord to find another place to live. Some states are very strict with landlords who rent illegal apartments to tenants. Jason is an associate attorney with Kronenberg Law PC, where he serves as counsel for corporations and property owners. I live in Suffolk. No, a landlord may offer a tenant a written lease, or may have only an oral month-to-month tenancy agreement with the tenant. Took my money for 8 months now wants me out but wants to collect rent as well and demands I should be out by the 31st. Some municipalities allow tenants to collect “eviction fees” for having rented an illegal unit so that the tenants can find another suitable place to live. And, if you’ve signed a lease in a rent-stabilized apartment and your rent is less than the established legal rent, your landlord can no longer raise your rent to the full legal limit when you renew your lease. Some municipalities allow tenants to collect “eviction fees” for having rented an illegal unit so that the tenants can find another suitable place to live. Town ordinances are designed to maintain the health and welfare of the citizens and, as a result, illegal apartments typically also pose some significant health or safety risk. We only handle landlord tenant matters in Nassau County landlord Tenant Courts and Suffolk County Landlord Tenant Courts on Long Island, New York. If your apartment is illegal you are not obligated to pay any rent. Can I Stop Paying My Rent Because of the Coronavirus? The simple answer is YES. I always pay the rent on time and give her 75$ extra per month for air conditioning. It just means that there is no bar to collecting rent and no grounds for dismissal of a non-payment action based on the illegality of the premises being rented. Real Estate Lawyers, Present So now he says he need to remove the kitchen in my apartment. The main problem is that the tenant may play games with you and claim that his apartment is not habitable if it is in poor condition. Services Law, Real The small claims court found that Pickering had failed to prove that she moved out by that date, but nonetheless awarded her the return of her security deposit and dismissed the Chappes’ counterclaims on a finding that rent could not be recovered because the apartment was “an illegal apartment in a one-family house.” The Chappes appealed from the award to Pickering of the security deposit. Hit family and I have been living in an apt in Suffolk county by almost ten months now paying the rent every month there was a very bad water leak in the two bedrooms that after months of asking finally got fixed I was out of the apt for weeks living in a hotel and wanted the landlord to either pay for my expenses or squash the rent for the month he decides to try to evict me for non payment of rent the day I move back in after construction is done what can I do about this I’d like to sue for my expenses get my security back and leave how should I go about it thanks and ps yes I will prob need a good lawyer, I have a landlord that wants to evict me but I have no lease, and there is no rental permit, I asked what I owe and will he take payment he won’t answer…is it law to have a one year lease in town of brookhaven. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs). There is a penalty (probably a fine) for violating local zoning requirements for building without permits, and unlawfully renting the unit as a separate residence, The owner will be forced to evict the tenant of the illegal unit, who could sue for violating the terms of the rental agreement, The owner may be liable for the cost of relocating a tenant, Attempt to make the tenancy legal so that your rental agreement can be honored in court, Serve proper notice when attempting to evict an illegal tenancy, Check with the municipality to see if your tenants would be awarded relocation benefits for the termination of an illegal tenancy. She has taken out our refrigerator, our stove and sink from the apartment. I worry though that there will be consequences if I rent to them. A. and "The Court further notes that the New York City Administrative Code (26NYCAC ¤125) makes the failure to comply with the building code subject to criminal penalties and civil fines. A landlord is required to keep the rental property in a habitable condition, so it's illegal to refuse to make repairs that can affect a tenant’s health or safety. We are a Long Island, New York eviction law firm. You may get some of it back, but that is not a given. Your landlord does not need to offer you a written lease. As landlords, we’re in a tough position. I have been living in apartment in west hempstead for over 3 years. I have a situation where I’m getting undocumented immigrants seeking housing. This is kind of weird, but my landlord enters my apartment from time to time. Copyright 1999-2020 LegalMatch. Read more about him on his Linkedin profile. Rent increases are … Call me RIGHT now for a FREE consultation - Click to Call ->. Courts, for a long time, were split on this issue. All rights reserved. In some places, your landlord can also keep your security deposit to cover any unpaid rent. If the apartment is in good condition than he can continue to pay you rent as long as long as both you and the tenant agree. learn the law We always pay the rent . "If you voluntarily pay rent in an illegal apartment, you cannot get it back. An illegal unit or illegal tenancy is one used for a residential purpose that is not legally established with the local municipality. This is because the legality of the apartment will be a strong defense for the nonpayment of rent. But here we are. & than 35 units, the most a landlord can raise the monthly rent due to an IAI is $83.33. She still had one month on her lease and when she requested her security deposit back he said no due to the fact that she still had a month left on her lease . Where a town ordinance prohibited renting without a rental permit, the absence of such a permit by the landlord would generally lead to the dismissal of a non-payment action. The apartment has no separate electrical or gas meters. A. Like a movie more than a reality. (This may not be the same place you live). Your landlord cannot, however, recover any rent you did not pay. Is there anyway that I can take her to small claims court in an attempt to have this debt paid please? Like banks and credit card companies, a landlord is your creditor. Under the Fair Housing Act, a person with a disability has the same rights as an able-bodied person. Hi I rent a two bedroom apartment In Westbury. Nothing on this website constitutes legal advice. This is our new normal, and chances are it’s not going away anytime soon. I found out the apartment was illegal after signing the lease, when my landlords said that I cannot receive my mail there. You can speak with an eviction lawyer for free, right now, about your legal issue. The Appellate Term further made clear in its opinion that even the absence of a certificate of occupancy does not bar a landlord from recovering rent in a non-payment action, provided that there are less than three families living in the premises. Can a Landlord Enter a Tenant’s Apartment Without the Tenant’s Permission? We gladly move but haven’t found anything yet. © 2020 Murtha Law Firm, LLC. In Suffolk County, however, the District Court has traditionally taken a much stricter approach to illegal rentals. So, if there’s no rent freeze where you live (which is the case in most areas), your landlord can raise your rent in any manner legally allowed under normal circumstances. What happens if you become under suspicion of renting a house or room illegally? • Before a landlord can collect a rent increase due to an IAI, they must first fix any “hazardous” or “immediately hazardous” violations in the apartment. Law, Intellectual Judge Straniere makes it clear that the Landlord cannot collect rent on an illegal apartment." • The landlord must use licensed contractors to perform any work it intends to count as an IAI. The landlord tries to get you evicted for non-payment and you bring a cross-complaint. Can Someone Refuse to Rent Me an Apartment Because I Get SSI? Post Your Case - Get Answers from Multiple However, you may withhold rent until he legalizes the apartment. If the tenant caused the violation that made the apartment illegal, then the landlord or owner may be allowed … If you are looking for a free consultation with an eviction lawyer, or to learn about the eviction process, call us. As a final note, the Pickering case does not stand for the proposition that it is okay for landlords to violate town ordinances by renting illegally. This is a new scenario for me.. If you do not have a written lease for a term, your landlord can evict you by first serving you with a thirty-day notice of termination and then bring an eviction action against you. My daughter rented a basement apartment in the town of Islip (which she is almost certain that it is an illegal apartment). Of course, the landlord may evict you because the apartment is illegal. The court may force the landlord to fix the problem and your rent may be put into escrow in the meantime. Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Suffolk County? However, landlords are still entitled to receive rent for the reasonable value and use and occupancy of the premises that is due, and may evict tenants if there is a good faith reason (such as nonpayment of rent). New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. Save my name, email, and website in this browser for the next time I comment. Or you can email us, and we will reply by email. What are Some Concerns Owners Should Consider Before Renting Out an Illegal Unit? The districts were split in their application of this rule, however, with the Second District (which covers the Town of Babylon) holding strictly that the absence of a rental permit required the dismissal of a non-payment action; and the Sixth District (which covers the Town of Brookhaven) taking the more liberal approach by generally not dismissing non-payment actions, unless the rental unit at issue was located in a place where occupancy is prohibited under some other regulation, e.g., basements or garages. The landlord told us to move around January and we told yes no problem just give us time to find somewhere to move. Your landlord can terminate your tenancy by serving you a thirty day notice of termination and then seek to recover possession of the apartment by starting a proceeding called a summary nonpayment proceeding. Although a landlord might seem to be asking out of genuine concern, they may also use it as a reason not to rent to you. We would be happy to represent you. It made her feel very uncomfortable and after the 4th time he entered without her permission she decided that she would move out and was lucky enough to find a new apartment quickly and moved out. Due to the fact that the apartment is illegal, can I legally break this lease without having to pay them rent for the months remaining? You must bring a non-payment action in the appropriate landlord-tenant court. There's a bar to the collection of rent, but that's not a basis to recover rent you previously paid." Due to the fact that you really don’t need to collect an applicant’s social security number in order to access screening reports, you should think twice before asking for it. Does a landlord who collects rent on an illegal apartment responsible for returning the collected rent since legally they cannot collect rent without a certificate of occupancy. However, you might have grounds to sue your landlord, if you can prove that they misrepresented the apartment as legit when they knew, in fact, it was not. Law, Immigration The Courts will not uphold an illegal agreement. Check your inbox or spam folder to confirm your subscription. What is an Article 78 Proceeding, and How Do I Bring One? It is only in the Multiple Dwelling Law that the Legislature has seen fit to impose a forfeiture of rent as a penalty.” The Multiple Dwelling Law is a statutory body that applies to buildings occupied as a residence by three or more families living independently of each other (see Multiple Dwelling Law § 4 [7]). The landlord and her daughter had a fight and the daughter reported the apartment to the town. My question is does she have a leg to stand on in getting her deposit back being that he entered her apartment with out giving her 24 hour notice? Courts, for a long time, were split on this issue. Landlords aren't required by law to ask for a security deposit but many prefer to have it as a safety net. Can she do that? I signed a one year lease agreement for an apartment that was created in a converted garage. Will I relieve my security deposit back? She is using our security deposit for this month and wants us out by end of the month. Eviction actions based on non-payment of rent in Nassau County were generally not dismissed even where the rental was in violation of the certificate of occupancy, but the Court would simply not award a monetary judgment in such cases, granting only possession. The Chappes counterclaimed for, among other things, unpaid rent for three months. I am a Managing Member at the Murtha Law Firm, LLC, and I am an eviction lawyer in Suffolk County and Nassau County, Long Island, New York. Also are there any consequences to a landlord who spends your deposit money for their own personal use? A landlord might also make the repairs but illegally hire unlicensed contractors to do work, such as electrical or plumbing that the town requires licensed professionals to perform. Landlords who rent property that isn’t subject to rent stabilization--such as single-family homes—are free to raise rent as allowed under their leases or rental agreements. Your Rights as a Landlord As a landlord, you have the right to receive all past-due rent money from a … For example, a landlord who rents out space to a residential tenant even though the space is not legally considered a residential space, such as garages or storage sheds, is renting out an illegal unit. He previously advised clients in family law, probate and estates, and landlord-tenant law. For example, if the apartment is illegal but can be made legal and the landlord or owner does this and gets a proper Certificate of Occupancy, rent can be collected. Tenants who are being evicted from their apartment by the homeowner’s landlord tenant lawyer for failing to pay rent frequently believe that if they tell the judge the apartment they are renting is “illegal,” i.e., the landlord does not have a rental permit, then the eviction proceeding will be dismissed. The letter informs you that your case is under investigation. Should I Consult a Lawyer if I am Having Problems With an Illegal Tenancy? The evidence in that case established that the parties entered into an agreement in which the Chappes had agreed to forgive the rent for January and February 2007 and to refund Pickering’s security deposit if she moved out by March 1, 2007. Property Law, Products These people are not going to be nice enough to allow me to break the lease if I ask them. 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