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Old 06-10-2013, 03:13 PM
 
Location: Edmonds, WA
8,975 posts, read 10,220,658 times
Reputation: 14252

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And I believe if you are paying rent monthly and can prove it then he does need to give you at least 1 month's notice before evicting you and it must be in writing.
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Old 06-10-2013, 03:33 PM
 
Location: Long Island, NY
7,841 posts, read 13,240,868 times
Reputation: 9247
Quote:
Originally Posted by Sugarglassruin View Post
Hey there,

Just wondering if anyone could shed some light on this issue in my life regarding an illegal basement apartment!

For the past 8 months or so i have been renting out a basement apartment with no lease just a verbal agreement and month to month receipts of rent payments (boiler room included in my half of the apartment as the landlord split the basement into two apartments) in the Brooklyn area. Everything was running smoothly until in the month of March - i lost my job. I informed my landlord the same day that i had no means to pay him and that the money in my pocket that i had left was to put food in my fridge. After i explained that to him, he said that it was okay and that i could still live on the property until i found a new job. With that said, i found a new job towards the ending of March. I made a payment arrangement with my landlord to pay him for the month of March that i owed him and He went ahead and collected a first payment from me. However, when i tried to make a second payment with him he rejected it and told me i had by the end of June to pay him everything that i owed. Mind you, i didn't understand why he said that to me when it was only April

Since then, i have had numerous leaks, cracks in my walls due to leaks, mold, paint peeling off the ceiling and now, an infestation of maggots in between my window sil and flies in my home due to the garbage not being taken out properly in the back of the home (my half of the basement studio apartment faces the back of the house)

Now, my questions is ; I have informed my landlord of what has been going on and he has yet to even try and fix anything or taken a look at it. Can he legally evict me on his own? or would he need to go to the court? I am not from New York originally (from Florida) and really have little clue as to tenant rights in NYC. At this point, i just want to call 311 and report everything that is going on (threats from the landlord included) ; it's ridiculous.
So technically he gave you until June to payoff what you owed him previously plus May and June's rent. That gave you 2 months to look for another apartment and save your money. You could have saved 3 month's rent, moved out and not given him a penny more. I hope you've already started looking for an apartment. It's an illegal apartment so you don't need to give him anything more. How did the crack and other stuff start AFTER this incident?
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Old 06-10-2013, 03:38 PM
 
Location: Not where I want to be
4,829 posts, read 8,731,042 times
Reputation: 7760
Make sure the apartment is, in fact, illegal. If it is, just stop paying the rent and start banking the money to move.

Once he brings eviction proceedings against you, go to court and tell the judge the apartment is completely illegal. Bring in photos of all the problems you mentioned as well. You won't have to give him a dime.

Be sure to have a new place lined up already.

When you get home, call the buildings department and report him. Be sure to be home to let the inspectors in. He will get huge fines for both apartments. You should then report him to the IRS and the NYS Taxation and Finance.
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Old 06-11-2013, 10:09 AM
 
4 posts, read 65,444 times
Reputation: 17
Thank you everyone for your responses!

I have taken care of the infestation myself! As the landlord has denied for me to hire an exterminator or bring one himself! As he claimed to me that he had a "friend" who specialized in that (I have everything in writing). I also have a leak that he has been refusing to fix for months and has now caused a hole/cracks/paint to peel from the my bathroom ceiling. I tried to have a civil conversation with him as he just decided to randomly show up to my apartment to talk to me about repairs and rent. We left off on a good note until i told him that i would be more than happy to pay him for the month of June. However, when i mentioned that i was going to deduct the amount for the exterminator and plummer that needs to go into my apartment as he was denying me my right to live in a CLEAN NORMAL apartment, he once again, got super nasty and rude with me to the point where i had to tell him to back off of my personal space (2 inches away from my face almost).

Since that day, I went ahead and filed a complaint against him with 311 as i am at my wits end with his threats and mis-treatment. He still continues to deny any payments from me saying that i am acting like a "wise guy". I have also talked to the HPD department and they told me that he cannot force me out of there without going through legal process (no matter how illegal it may be) as i have proof that i have been living there, proof of his harassment, etc;

I am now (have been) saving every penny that comes my way to ensure that i find something 10x better by July!
If anyone has anymore advice, please feel free to keep on commenting!
Thank you.
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Old 06-11-2013, 10:19 AM
 
4 posts, read 65,444 times
Reputation: 17
Quote:
Originally Posted by bellakin123 View Post
So technically he gave you until June to payoff what you owed him previously plus May and June's rent. That gave you 2 months to look for another apartment and save your money. You could have saved 3 month's rent, moved out and not given him a penny more. I hope you've already started looking for an apartment. It's an illegal apartment so you don't need to give him anything more. How did the crack and other stuff start AFTER this incident?
The whole thing with this landlord is that he had no reason to tell me in late March that i had till June to give him what i owed him from March and then coming April. Like i said, i had been trying to make payment arrangements with him and he would not take them. He would not accept a check from me either, as he was trying to pressure me into giving him cash like he has done with other tenants (just finding out stuff about this LL). When June came around he was asking me for a higher amount then what i would have owed him.

I've had these issues (cracks, holes, etc for a while now (before he hated me) and he was always promising me to fix things and playing the "good guy". And yes, i have been looking for an apartment! and i told him that i am leaving. yet, he is still harassing and threatening me.
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Old 06-11-2013, 12:02 PM
 
Location: Manhattan
25,373 posts, read 37,093,283 times
Reputation: 12769
Again...it all boils down to the law:

A Landlord Cannot Charge Rent For an Illegal Apartment.

Why is this hard to comprehend?
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Old 06-12-2013, 01:08 PM
 
1 posts, read 2,523 times
Reputation: 10
I'm actually looking at this, and I'd say get out. I actually had bad history with new places from an eviction even if you win or not. It's still on record. If your not happy just leave. You'll be in a lot better place with less worries. I had no lease and wasted my time. Trust me it's not worth it.
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Old 08-28-2014, 12:44 PM
 
8 posts, read 17,304 times
Reputation: 15
LOL! you can take pictures of the hazard condition where you live and blackmail him. or you will send these pictures to the city.
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Old 09-16-2014, 06:32 PM
 
1 posts, read 1,990 times
Reputation: 10
Hello I rented my lovely basement to one guy . The second day of occupying the premise he move in another guy without informing me . however I only receiving the first and security rent, no more rent after that . The documents the agent was made by the real estate agent . I never met such a nuisance like these guys I cannot have piece in my own house .music loud loud 6 am in the morning when I speak to the people that original rent the apartment he saying we paid rent and the haressing me . I seek an attorney to evict them . The was serve with a 30 days letter to vacate but if does not look like the going to move . Does anyone know how long a case like this will take ?
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Old 09-16-2014, 08:00 PM
 
Location: New York City
19,061 posts, read 12,728,258 times
Reputation: 14783
Don't worry, they'll be gone by 2017
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