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I have an inspector coming soon to inspect the above ground illegal basement apartment. I know it's illegal but I need the income for the mortgage. There is a front and back door. What will the inspector look for? I tell him/her that no one lives there. I'll tell the inspector it is a nice basement with no tenant. Should the stove be removed to help my case? What do I have to do to convince the inspector that the basement is not any apartment?
OP needs to respond to my questions. Somebody isn't playing with a full deck. If OP knows it isn't a legal apartment then having an inspector show up is the last thing he wants. On top of being given a fine, a deadline for repairs, the need to pull permits for everything, he will likely be red flagged and inspected again. Better to fix the place yourself and lock the inspector out. Maybe this is an inspector from a bank. OP?
Ah, I see. But many apt's such as these still have at least 2 windows and a door. Most houses only have one way to get out...the door...because of the iron gates over the windows.
I still never saw how any of this is the city's business or how it affects them I guess.
Also - many areas are LEGALLY ZONED as single-family homes. If these people illegally rent out a basement apartment - then that apartment will NOT be 'up to code'. Also the landlord is collecting income that is not claimed on their taxes.
I have an inspector coming soon to inspect the above ground illegal basement apartment. I know it's illegal but I need the income for the mortgage. There is a front and back door. What will the inspector look for? I tell him/her that no one lives there. I'll tell the inspector it is a nice basement with no tenant. Should the stove be removed to help my case? What do I have to do to convince the inspector that the basement is not any apartment?
Yes - the stove must be removed. Basically it can't have the things an apartment would have...stove, fridge, etc.
I feel that if people can't afford their mortgages they should not have bought a house in the first place. Or move to an apartment yourself. No excuse for having illegal apartments, creating safety issues for all, and evading taxes!!
Hello I have a situation I live in a 1 bedroom basement apt in brooklyn with two kids. I have been paying my rent on time since Nov 2010. I gave rent on the first of August and received a letter from my landlord saying her bills are too high and I have 30 days to leave. I do not know if this is legal or not. She never gave me a lease and I had no intentions to move till next year. I do not know if the apt is legal but I think if it was she would of gave me a lease. There stairs are in my apt that lead to their house no emergency exit, wooden door to the house not metal. gates on two small windows. Please tell me if I have any rights.
Your apartment is obviously illegal, your only issue is safety not legality. Safety is reason enough not to stay too long. In real life, you don't wanna create an overly hostile situation. But, if you make it clear to her that you know she's breaking the law, I'm sure you can negotiate a settlement that gives you enough time to get out and find another place.
It should be noted that just because a building has a basement unit which is not part of the COO, does not necessarily mean it is dangerous/safety issue.
I recently renovated my basement, total gut rehab, and it has full kitchen and bathroom. It has a private entrance under the main staircase, it has a means of egress up in the internal staircase into the building's hallway, and it has immediate egress to the yard. It has 3 full size windows (1 on the side of the building, 2 facing the yard), and normal door to the yard. The difference is the ceilings are low, about 6.5 feet, otherwise it is a regular apt with more means of egress than the other tenants in my building.
So regarding basement apts, yes they may be technically illegal, but it should be on a case by case basis. If the apt is mostly below grade and you have only 1 way in/out, and only the tiny windows up high, I would qualify that as dangerous and not a habitable apt. If however, you have multiple means of egress (minimum 2), and full size windows, I don't see the problem.
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