Hi I rent a two bedroom apartment In Westbury. From time-to-time you will still see an inexperienced lawyer or pro se litigant attempt to raise the defense that the non-payment action must be dismissed because the apartment is illegal; those lawyers and parties generally get a rude awaking to the new state of the law. This is some of the most sensitive personal information out there. The apartment has no kitchen, bathroom, and inside plumbing. 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. In Suffolk County, however, the District Court has traditionally taken a much stricter approach to illegal rentals. Judge Straniere makes it clear that the Landlord cannot collect rent on an illegal apartment." The defendant, William Jerry Hadden owns two apartment buildings in the Lexington area. Some states are very strict with landlords who rent illegal apartments to tenants. I have a situation where I’m getting undocumented immigrants seeking housing. As a result of the decision in Pickering v Chappe, supra, there is no longer any disparity or misunderstanding of the relationship between the legality of the premises to the collection of rent, and the impact of town ordinances on landlord-tenant proceedings. If you are looking for a free consultation with an eviction lawyer, or to learn about the eviction process, call us. Should I Consult a Lawyer if I am Having Problems With an Illegal Tenancy? Good evening, How can contract for an illegal service or property be enforced in court? I worry though that there will be consequences if I rent to them. No, your landlord cannot charge double rent, collecting from both you and another party who is renting the apartment, even if you have moved out. Like banks and credit card companies, a landlord is your creditor. You walk in with the landlord and notice the a part of the floor is caved in, or perhaps there is some mold or other health and safety concern. Under the Fair Housing Act, a person with a disability has the same rights as an able-bodied person. Courts, for a long time, were split on this issue. Can't find your category? 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.” Some items to consider: If the local municipality finds that the landlord’s unit is illegal, some states declare that the parties’ rental agreement is unenforceable. Landlords aren't required by law to ask for a security deposit but many prefer to have it as a safety net. What Happens if a Unit is Found to Be Illegal? 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. The Courts will not uphold an illegal agreement. As a landlord, you can avoid most penalties for illegal renting by carrying out the tenant right to rent check. The landlord was also charged with hiring an illegal alien as a manager of one of the apartment complexes. 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. Courts, for a long time, were split on this issue. The new legislation states that when a tenant begins a new apartment lease, “no deposit or advance shall exceed the amount of one month's rent.” “That means the landlord cannot ask for the last month’s rent, so this landlord is violating the law,” Himmelstein says. who we are Your landlord cannot, however, recover any rent you did not pay. learn the law We are a Long Island, New York eviction law firm. 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. It's better to bring the matter into landlord-tenant court yourself, while continuing to pay rent. As a rule, you would get a 'referral notice'. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. I found out the apartment was illegal after signing the lease, when my landlords said that I cannot receive my mail there. 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. 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 . This is our new normal, and chances are it’s not going away anytime soon. The letter informs you that your case is under investigation. The tenant can be evicted from the illegal unit and the landlord may have to make them a stiff relocation payment (presently $5,101 per tenant, maxing at three tenants, plus possible extra money for … She is using our security deposit for this month and wants us out by end of the month. Did Recently all of this changed when the Supreme Court, Appellate Term, Second Department, decided the case of Pickering v Chappe, 2010 NY Slip Op 20326 (29 Misc 3d 6) on August 2, 2010. I signed a one year lease agreement for an apartment that was created in a converted garage. 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. As most seasoned landlord-tenant attorneys know, the Nassau County District Court has traditionally held that so long as the property is being used in conformity with its certificate of occupancy, a landlord may recover rent. 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. Rent increases are … These people are not going to be nice enough to allow me to break the lease if I ask them. Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Suffolk County? What are Some Concerns Owners Should Consider Before Renting Out an Illegal Unit? 2. Can Someone Refuse to Rent Me an Apartment Because I Get SSI? LegalMatch, Market He says we need for move because the twon didn’t approve two legal family apartment. She has taken out our refrigerator, our stove and sink from the apartment. It seems outrageous. Your Rights as a Landlord As a landlord, you have the right to receive all past-due rent money from a … Her landlord had entered her apartment, went into her bedroom and just walked around the apartment on several occasions without her permission. Landlords cannot enter tenanted properties without giving proper notice and cannot end someone's tenancy before the lease expires. 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. You can speak with an eviction lawyer for free, right now, about your legal issue. All rights reserved. My daughter rented a basement apartment in the town of Islip (which she is almost certain that it is an illegal apartment). I have a tenant that refuses to pay rent for a basement apartment that she rents from me. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs). This is kind of weird, but my landlord enters my apartment from time to time. What can we do. This is an unprecedented time. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. This case began as a small claims action, in which Yolanda Pickering sought to recover, among other things, a security deposit in the amount of $850.00 that she paid Eric and Maria Chappe, her former landlords. 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. 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. I have been living in apartment in west hempstead for over 3 years. No, small claims courts are not the appropriate forum for landlord-tenant matters. No, a landlord may offer a tenant a written lease, or may have only an oral month-to-month tenancy agreement with the tenant. No. Real Estate Lawyers, Present 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. 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. 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. talk to us. You can't escape a debt you owe to your landlord by simply moving away. I have a new baby of 2 months I need to clean bottles and ofcurse cook. Owners who rent illegal units open themselves up to substantial liability. This man testified that when applying for the position, he presented Mr. Hadden with a false social security number, one assigned to his son. Also are there any consequences to a landlord who spends your deposit money for their own personal use? With … 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. However, you may withhold rent until he legalizes the apartment. Read more about him on his Linkedin profile. 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. This is a new scenario for me.. You must bring a non-payment action in the appropriate landlord-tenant court. 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. The families that have come are business owners or have more than one job,; very hardworking people. I always pay the rent on time and give her 75$ extra per month for air conditioning. He previously advised clients in family law, probate and estates, and landlord-tenant law. © 2020 Murtha Law Firm, LLC. 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. Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Suffolk County? I have children so it’s hard to find. Law, Intellectual 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. 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. 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. What are Some Ways a Landlord Can Protect Himself? Please feel free to call us to discuss your matter. Your landlord does not need to offer you a written lease. Your Or does she have to give us time to fibd an apartment. Law, Immigration Call me RIGHT now for a FREE consultation - Click to Call ->. We've helped more than 5 million clients find the right lawyer – for free. An illegal unit or illegal tenancy is one used for a residential purpose that is not legally established with the local municipality. Like a movie more than a reality. Month-to-month tenancies also occur when a written lease expires. 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). It's a possible sign that the landlord is hoping to hide illegal rental units. 6. Of course the tenant loses as well because he must vacate; but the landlord must pay his relocation expenses which are assessed at an amount equal to six times the monthly rent, five days before the tenant vacates the … Login. your case, Online Law If you are in the situation where you have moved out early and still have several months left on your lease, more than likely you are going to be in the position of having to pay your previous landlord for the rest of the term of the lease. What is an Article 78 Proceeding, and How Do I Bring One? "If you voluntarily pay rent in an illegal apartment, you cannot get it back. 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. 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. The landlord tries to get you evicted for non-payment and you bring a cross-complaint. Law, Government Or you can email us, and we will reply by email. The landlord and her daughter had a fight and the daughter reported the apartment to the town. 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. Jason is an associate attorney with Kronenberg Law PC, where he serves as counsel for corporations and property owners. Check your inbox or spam folder to confirm your subscription. 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. In this appeal, while there was proof that the one-family house contained an illegal apartment, there was no proof that it constituted a multiple dwelling. We would be happy to represent you. You can rent an apartment at the age of 18. Can I Stop Paying My Rent Because of the Coronavirus? Why Collecting a Social Security Number on an Apartment Rental Application Can Hurt You. 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. In west hempstead for over 3 years baby of 2 months I need to offer a. Clients in family law, probate and estates, and chances are it ’ s to! Unit or illegal tenancy is one thing that makes me hesitant process, call us one! Tenant ’ s hard to find apartments to tenants legally condemned rent illegal apartments to tenants that is not basis. To call us lease, or to learn about the eviction process, call us find... 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