Tenant of an illegal basement not willing to move out (New York: rental, tenants)
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So now the scenario is as follows: We were using a back room as a storage room. Both of our things were in the back room. We had a sewer backup and water did flood into the boiler room and seep into the sheetrock wall which was his bedroom. He agreed to relocate into the other bedroom so that we can make repairs. He removed all of our stuff and moved the majority of his possessions/bedroom from the back room. A new lock was installed on both his front door and his rear door and he has the new keys. He was told to remove all his possessions from the back room which is now being repaired. Since he took over the other bedroom willfully he has been arguing that he is still allowed to use the backroom. Since it's under repair he has called the police telling them we are illegally entering his apartment. He has also called and complained to the department of buildings and filed a complaint. I am installing cameras now because I want to prevent this he said/ she said bull****. Does anyone know what the process is for the building department complaint? Can they order a vacate order? We finally hired an attorney who states that they will be served shortly. Anyone know an illegal apartment I can rent with 4 pugs so I can get out of town? LOL
hi , i got same situation here but as a tenant
i was living in the basement with 3 other my friend for about 5 years, they moving out already, so it just me left, and since i use only 1 room, i agreed to pay 1/3 from the total rent. apparently the landlord didnt really like it and they tried to evict me by saying they gonna shut down the basic service like hot water and gas. i told them i gonna move out in may or june since im need bigger room for my family ( getting married in sept 2015). but seem they are in hurry to evict me.
as illegal basement tenant, did i have the right to stay until may or june?and its legal to shut down any basic service even in illegal basement renting?
You cannot get rid of this tenant through a conventional eviction. Since the apartment is illegal, housing court will not give you an eviction. There is different process, though a different court (regular civil court) called an ejectment. IIRC, this is slower and more difficult. And, in the mean time, the city will hang you by your gonads from having renting illegal apartment.
so, the landlord will thinking abgain on how to evict me? cause he threaten to shutdown all my gas and water, and he said he will emptying the kitchen so i got nowhere to cook or make even hot hot for coffee
If he does that, call both the cops and the city. He can't do that. I don't know if he could be arrested, but they'd give him significant crap about it, and it would get him on the city's radar for having an illegal apartment.
Quote:
Originally Posted by cieru
so, the landlord will thinking abgain on how to evict me? cause he threaten to shutdown all my gas and water, and he said he will emptying the kitchen so i got nowhere to cook or make
even hot hot for coffee
i was afraid that he might do shut down my basic service, not that i afraid to fight it, but considering he is a old couple ( around 60-70) i just wanted everything goes smooth, i dont really want to hurt them by reporting to 311 ( i know they can get 25k fines by renting out illegal basement)
i was afraid that he might do shut down my basic service, not that i afraid to fight it, but considering he is a old couple ( around 60-70) i just wanted everything goes smooth, i dont really want to hurt them by reporting to 311 ( i know they can get 25k fines by renting out illegal basement)
I'm sure he knows that if he shuts down your services that he is taking a risk that you might call 311 and report him.
If you truly want everything to work out, is there any reason why you can't find two new roommates to pay the rest of the rent?
the landlord tell me that hes not gonna put the basement not for rent, cause he heard horror story about illegal basement rent, and i agreee to move out in mid 2015, i just asking him to give time since getting a affordable 1 bedroom apartement isnt easy compared to get 1 room only, thats why i figured out ill find from now and by may or june im sure i already get it.
if he making excuse by saying he gonna renovate and tear down all the kitchen stuff example, can he do it?
I'm sure he knows that if he shuts down your services that he is taking a risk that you might call 311 and report him.
If you truly want everything to work out, is there any reason why you can't find two new roommates to pay the rest of the rent?
because he said he didnt want to rent out basement anymore, my previous floormate is moving to 1st floor, and he offered to get another roommate to fill the room, they refused, said im the last tenant, after that they gonna emptying the basement ( dunno if this true or not, but considering they are chinese, im sure emptying basement will not profit em)
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