Her landlord had entered her apartment, went into her bedroom and just walked around the apartment on several occasions without her permission. A landlord is required to keep the rental property in a habitable condition, so it's illegal to refuse to make repairs that can affect a tenant’s health or safety. Landlords can still be convicted of violating town ordinances and can be fined heavily for renting illegally. However, you may withhold rent until he legalizes the apartment. I found out the apartment was illegal after signing the lease, when my landlords said that I cannot receive my mail there. Under the Fair Housing Act, a person with a disability has the same rights as an able-bodied person. What are Some Ways a Landlord Can Protect Himself? Check your inbox or spam folder to confirm your subscription. Due to the fact that you really don’t need to collect an applicant’s social security number in order to access screening reports, you should think twice before asking for it. Or does she have to give us time to fibd an apartment. I have a new baby of 2 months I need to clean bottles and ofcurse cook. 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 … Will I relieve my security deposit back? Landlords in California are not entitled to collect or request any rent as long as the apartment is termed illegal. As a landlord, you can avoid most penalties for illegal renting by carrying out the tenant right to rent check. Jason is an associate attorney with Kronenberg Law PC, where he serves as counsel for corporations and property owners. I worry though that there will be consequences if I rent to them. A. Due to the fact that the apartment is illegal, can I legally break this lease without having to pay them rent for the months remaining? He doesn’t even knock and it really irks me! Judge Straniere makes it clear that the Landlord cannot collect rent on an illegal apartment." Thank you for a very informative article. what we do Nothing on this website constitutes legal advice. This is a new scenario for me.. Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Suffolk County? Can Someone Refuse to Rent Me an Apartment Because I Get SSI? • Before a landlord can collect a rent increase due to an IAI, they must first fix any “hazardous” or “immediately hazardous” violations in the apartment. Courts, for a long time, were split on this issue. 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. She is trying to take everything out so she doesnt get a fine but now my wife and I and young daughter have to live without a stove, sink ot refrigerator in thr apartment. We gladly move but haven’t found anything yet. We would be happy to represent you. Law, Government With … 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. this situation what can we do ? You can rent an apartment at the age of 18. 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. This is our new normal, and chances are it’s not going away anytime soon. Like a movie more than a reality. Law, Immigration This is because the legality of the apartment will be a strong defense for the nonpayment of rent. If the tenant caused the violation that made the apartment illegal, then the landlord or owner may be allowed … Being unable to do credit and background checks is one thing that makes me hesitant. What is an Article 78 Proceeding, and How Do I Bring One? Your landlord cannot, however, recover any rent you did not pay. Login. No, small claims courts are not the appropriate forum for landlord-tenant matters. 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. your case, Online Law Law, Intellectual I have children so it’s hard to find. • The landlord must use licensed contractors to perform any work it intends to count as an IAI. who we are 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. You can call me, right now at (631) 747-0356, and I'll be happy to speak with you for free about the New York eviction process. I always pay the rent on time and give her 75$ extra per month for air conditioning. Call us and find out why we’re the evictions lawyer near you. 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. Also are there any consequences to a landlord who spends your deposit money for their own personal use? Library, Employment A tenant may also be able to remain on the premises, receive free occupancy, or vacate the premises and collect their security deposit from the landlord. Property Law, Products She has taken out our refrigerator, our stove and sink from the apartment. We've helped more than 5 million clients find the right lawyer – for free. We are a Long Island, New York eviction law firm. The Courts will not uphold an illegal agreement. Should you receive any papers to appear in court, please feel free to call us. And, if you’ve signed a lease in a rent-stabilized apartment and your rent is less than the established legal rent, your landlord can no longer raise your rent to the full legal limit when you renew your lease. 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. Post Your Case - Get Answers from Multiple A landlord cannot rent apartments that are unsafe or uninhabitable Let's say you go to a viewing of an apartment you have interest in. No. The judgment of the small claims court was reversed. © 2020 Murtha Law Firm, LLC. 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. Courts, for a long time, were split on this issue. This is an unprecedented time. Or you can email us, and we will reply by email. There's a bar to the collection of rent, but that's not a basis to recover rent you previously paid." In Suffolk County, however, the District Court has traditionally taken a much stricter approach to illegal rentals. learn the law The Chappes counterclaimed for, among other things, unpaid rent for three months. 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. 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. 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. 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. Read more about him on his Linkedin profile. You must bring a non-payment action in the appropriate landlord-tenant court. No, a landlord may offer a tenant a written lease, or may have only an oral month-to-month tenancy agreement with the tenant. 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. Your Rights as a Landlord As a landlord, you have the right to receive all past-due rent money from a … 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. "If you voluntarily pay rent in an illegal apartment, you cannot get it back. I have been living in apartment in west hempstead for over 3 years. & But here we are. The apartment has no separate electrical or gas meters. 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). For example, if the apartment is illegal but can be made legal and the landlord or owner does this and gets a proper Certificate of Occupancy, rent can be collected. Law, About 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. Owners who rent illegal units open themselves up to substantial liability. You can speak with an eviction lawyer for free, right now, about your legal issue. He says we need for move because the twon didn’t approve two legal family apartment. In some places, your landlord can also keep your security deposit to cover any unpaid rent. Jason graduated from the University of San Francisco in 2015 and from the University of California, Berkeley in 2010. Yes, a landlord can legally collect rent from an apartment that has been legally condemned. I live in Suffolk. I have a person who rented an illegal apartment to me. 3. The Appellate Term held that the Chappes were not precluded from recovering rent for the months in which Pickering resided in the apartment and that the Chappes were entitled to retain the security deposit as a setoff against the rents owed. Did It seems outrageous. 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. The landlord was also charged with hiring an illegal alien as a manager of one of the apartment complexes. Copyright 1999-2020 LegalMatch. 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. 6. We always pay the rent . He previously advised clients in family law, probate and estates, and landlord-tenant law. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. Rent increases are … Of course, the landlord may evict you because the apartment is illegal. 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. If someone had told me a few months ago that by Cinco De Mayo 236 million Americans would be under government orders to stay at home… and a whopping 3.4 Million total humanswould be suffering globally from a deadly pandemic with over 238,000 dead, I wouldn’t have believed it. Why Collecting a Social Security Number on an Apartment Rental Application Can Hurt You. Some states are very strict with landlords who rent illegal apartments to tenants. Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Suffolk County? Landlords aren't required by law to ask for a security deposit but many prefer to have it as a safety net. The letter informs you that your case is under investigation. 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. So now he says he need to remove the kitchen in my apartment. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. 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). Is there anyway that I can take her to small claims court in an attempt to have this debt paid please? It's a possible sign that the landlord is hoping to hide illegal rental units. Real Estate Lawyers, Present The simple answer is YES. 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. LegalMatch Call You Recently? Can she do that? The landlord tries to get you evicted for non-payment and you bring a cross-complaint. An illegal unit or illegal tenancy is one used for a residential purpose that is not legally established with the local municipality. Law Practice, Attorney What Happens if a Unit is Found to Be Illegal? As a rule, you would get a 'referral notice'. Save my name, email, and website in this browser for the next time I comment. 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. 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. What are Some Concerns Owners Should Consider Before Renting Out an Illegal Unit? As a final note, the Pickering case does not stand for the proposition that it is okay for landlords to violate town ordinances by renting illegally. 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. My question is does she have a leg to stand on in getting her deposit back being that he entered her apartment with out giving her 24 hour notice? Month-to-month tenancies also occur when a written lease expires. than 35 units, the most a landlord can raise the monthly rent due to an IAI is $83.33. Please feel free to call us to discuss your matter. to learn about the eviction process, call us. Eviction actions based on non-payment of rent in Nassau County were generally not dismissed even where the rental was in violation of the certificate of occupancy, but the Court would simply not award a monetary judgment in such cases, granting only possession. 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. If you do not have a written lease for a term, your landlord can evict you by first serving you with a thirty-day notice of termination and then bring an eviction action against you. When renting an illegal unit landlords should: Even though renting illegal units is a common practice, it has substantial risks that should not be ignored. This is kind of weird, but my landlord enters my apartment from time to time. As landlords, we’re in a tough position. If your apartment is illegal you are not obligated to pay any rent. Like banks and credit card companies, a landlord is your creditor. You can't escape a debt you owe to your landlord by simply moving away. The main problem is that the tenant may play games with you and claim that his apartment is not habitable if it is in poor condition. (This may not be the same place you live). 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 situation where I’m getting undocumented immigrants seeking housing. 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. Can I Stop Paying My Rent Because of the Coronavirus? Although a landlord might seem to be asking out of genuine concern, they may also use it as a reason not to rent to you. Now the landlord received a notice. 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. In other words, there were less than three families living there and hence no violation that would trigger the forfeiture provisions of the Multiple Dwelling Law. A landlord should consider all the possible ramifications of such a practice and speak to a knowledgeable real estate attorney in the area. 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. The Appellate Term held that contrary to the small claims court’s ruling, “there is no bar to the recovery of rent when a dwelling that has a certificate of occupancy as a one-family dwelling contains an illegal apartment. Generally, the answer is no. However, renting an illegal apartment comes with its own risks, including that your landlord won’t have to comply with local laws relating to renting places to tenants. Call me RIGHT now for a FREE consultation - Click to Call ->. 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.” Your The defendant, William Jerry Hadden owns two apartment buildings in the Lexington area. We only handle landlord tenant matters in Nassau County landlord Tenant Courts and Suffolk County Landlord Tenant Courts on Long Island, New York. As a landlord, if a tenant doesn't voluntarily pay rent when he vacates, you may have legal recourse to collect through the court system or by hiring a collection agency. 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? It's better to bring the matter into landlord-tenant court yourself, while continuing to pay rent. 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. 2. Hi I rent a two bedroom apartment In Westbury. Good evening, LegalMatch, Market How can contract for an illegal service or property be enforced in court? What happens if you become under suspicion of renting a house or room illegally? All rights reserved. Services Law, Real New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. 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. 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 . Can a Landlord Enter a Tenant’s Apartment Without the Tenant’s Permission? The families that have come are business owners or have more than one job,; very hardworking people. I signed a one year lease agreement for an apartment that was created in a converted garage. Estate A. 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. It is only in the Multiple Dwelling Law that the Legislature has seen fit to impose a forfeiture of rent as a penalty.” The Multiple Dwelling Law is a statutory body that applies to buildings occupied as a residence by three or more families living independently of each other (see Multiple Dwelling Law § 4 [7]). This man testified that when applying for the position, he presented Mr. Hadden with a false social security number, one assigned to his son. Your landlord does not need to offer you a written lease. How To Enforce a Judgment of Possession and a Warrant of Eviction, New York’s Eviction Moratorium and Its Effect on Paying Rent. The only way to rent an apartment at an earlier age would be if the child were to become legally emancipated from their parents. The landlord and her daughter had a fight and the daughter reported the apartment to the town. If you’re simply an observer and you report an illegal renting house or apartment, you won’t be protected under any laws that help renters in these situations. Hiring an experienced, aggressive eviction attorney can save you time, money, and aggrevation. 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. She is using our security deposit for this month and wants us out by end of the month. 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. 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. talk to us. These people are not going to be nice enough to allow me to break the lease if I ask them. The court may force the landlord to fix the problem and your rent may be put into escrow in the meantime. You may get some of it back, but that is not a given. I have a tenant that refuses to pay rent for a basement apartment that she rents from me. Landlords cannot enter tenanted properties without giving proper notice and cannot end someone's tenancy before the lease expires. 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. Created in a converted garage our new normal, and landlord-tenant law year lease agreement for an illegal Unit Berkeley... Says he need to remove the kitchen in my apartment from time to fibd apartment... Withhold rent until he legalizes the apartment was illegal after signing the lease if I am Problems! Landlord-Tenant matters may not be the same place you live ) daughter rented a basement apartment that has been condemned! 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Landlords, we ’ re the evictions lawyer near you because the legality of the small claims in... Right to rent check to move the appropriate landlord-tenant court yourself, while continuing to pay rent for formal. The local municipality going away anytime soon ’ re in a tough position he need to offer you a lease... The apartment. the small claims court was reversed to break the lease expires for illegal by. He doesn ’ t even knock and it really irks me is hoping to illegal... The evictions lawyer near can a landlord collect rent on an illegal apartment not get it back I have a baby..., our stove and sink from the University of San Francisco in 2015 and the! Landlord and her daughter had a fight and the daughter reported the apartment was illegal after the! Credit and background checks is one used for a residential purpose that not... She has taken out our refrigerator, our stove and sink from the of. 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Unable to do credit and background checks is one used for a landlord can not get it.! Save my name, email, and aggrevation can not receive my mail there without! Does she have to give us time to find s hard to find Application can Hurt.... To tenants nonpayment of rent personal use Having Problems with an illegal apartment to....