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Old 12-14-2009, 10:59 PM
 
1 posts, read 5,554 times
Reputation: 10

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We have a two family home, with a finish basement, which we don't rent and would never rent it. All we have in the basement is a bedroom and a bathroom, with a standup shower, we do our laundry there also. We have some deadbeat family who can't own anything so they report ,we have an illegal basement. So i would like to know what is illegal in this basement. My kids usually play there since all there toys r there. Please let me know.
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Old 12-15-2009, 01:53 AM
 
Location: Long Island,New York
8,164 posts, read 15,142,695 times
Reputation: 2534
Quote:
Originally Posted by ej2009 View Post
We have a two family home, with a finish basement, which we don't rent and would never rent it. All we have in the basement is a bedroom and a bathroom, with a standup shower, we do our laundry there also. We have some deadbeat family who can't own anything so they report ,we have an illegal basement. So i would like to know what is illegal in this basement. My kids usually play there since all there toys r there. Please let me know.
No such thing as an illegal basement unless it didn't meet the building codes which i'm sure it does.The only thing you could have been hit with is an illegal apartment if you were renting it out and hadn't registered it as one.You can have people living there and not paying rent and that's not illegal.
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Old 12-15-2009, 10:04 PM
 
Location: Inis Fada
16,966 posts, read 34,715,420 times
Reputation: 7723
Depends on the town/village code. The bedroom might not have proper egress, heating equipment not properly contained, no CO for the basement bathroom, etc.
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Old 12-17-2009, 03:55 PM
 
Location: Central NJ
633 posts, read 1,950,170 times
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I am a LL and I would never do anything outside code or non compliant here in NJ the tenants have all the rights and it could put you in a bad position. eg the tenants could bring you to court,the judge says they can't stay and you have to put them in a hotel. Then you say but they are not paying, that might be true but it could also be a situation that they have legal rights to appeal. They could "lie" and you would not be able to prove or disprove.

Get them out now ASAP, do it right or not at all.
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Old 12-17-2009, 07:13 PM
 
Location: Old Forge, NY
585 posts, read 2,223,294 times
Reputation: 199
I'm confused. Is this "deadbeat" family staying in the basement is it just being used by your family? How is this two-family structure carved up?
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Old 12-19-2009, 07:13 PM
 
Location: southwest TN
8,568 posts, read 18,108,085 times
Reputation: 16702
Quote:
Originally Posted by new jersey mike View Post
I am a LL and I would never do anything outside code or non compliant here in NJ the tenants have all the rights and it could put you in a bad position. eg the tenants could bring you to court,the judge says they can't stay and you have to put them in a hotel. Then you say but they are not paying, that might be true but it could also be a situation that they have legal rights to appeal. They could "lie" and you would not be able to prove or disprove.

Get them out now ASAP, do it right or not at all.
Get who out, the children who play there?
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Old 12-20-2009, 04:17 PM
 
Location: Central NJ
633 posts, read 1,950,170 times
Reputation: 648
You bet kick them out, Why did you even ask that question? I am only trying to help and I am not the only one who was confused with the post.



Quote:
Originally Posted by NY Annie View Post
Get who out, the children who play there?
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Old 12-20-2009, 04:34 PM
 
Location: Somewhere in the tri-state...HMM!
132 posts, read 446,287 times
Reputation: 99
What would make it illegal is if you rent it out and there is only one exit, not including windows. Unless it's big enough for u to fit through in case of emergency.
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Old 12-30-2009, 12:49 PM
 
Location: Central NJ
633 posts, read 1,950,170 times
Reputation: 648
Quote:
Originally Posted by BKATL View Post
What would make it illegal is if you rent it out and there is only one exit, not including windows. Unless it's big enough for u to fit through in case of emergency.

Not getting permits and co makes it illegal. The other question is what would make it safe and compliant to the local code.
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Old 12-30-2009, 06:33 PM
 
Location: The Ranch in Olam Haba
23,707 posts, read 30,745,228 times
Reputation: 9985
Who gets a permit to finish a basement?? If there is no kitchen area with a stove then its not an apartment. It most likely started out as a storage room, a laundry room and a toilet w/sink. Worst case scenerio is if he decides to sell the home is that the bedroom cannot be listed as one and the shower is not included in the listing.

Even if it ever came to a fine, that would be a lot lower than the extra taxes that would have been paid. Talk to your neighbors, I don't think you will find one that took out a permit to finish a basement.
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