Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default What Are Our Legal Rights for an Illegal Apartment

    My question involves landlord-tenant law in the State of: NY

    Hi, we have been renting out an illegal apartment in Nassau County. The tenants always been paying late and haven't been paying for about 2 months now. Last month, we told them to leave by the end of this month. However, it seems like they are not willing to leave. What should we do? Since we haven't receive any payments from them, do we have a legal right to ask them to leave even though the apartment is illegal? And if they don't leave by the end of this month, then can will the law protect us in terms of since they haven't pay, so we can ask them to leave???

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: What Are Our Legal Rights for an Illegal Apartment

    Quote Quoting legalright
    View Post
    My question involves landlord-tenant law in the State of: NY

    Hi, we have been renting out an illegal apartment in Nassau County. The tenants always been paying late and haven't been paying for about 2 months now. Last month, we told them to leave by the end of this month. However, it seems like they are not willing to leave. What should we do? Since we haven't receive any payments from them, do we have a legal right to ask them to leave even though the apartment is illegal? And if they don't leave by the end of this month, then can will the law protect us in terms of since they haven't pay, so we can ask them to leave???
    I am a NYC and Nassau County landlord, and I would be careful evicting tenants from illegal units. See:

    http://www.avvo.com/legal-answers/i-...s--124182.html

    I know in NYC, and I can see from the answer here above, Nassau County as well, you basically have no standling to sue any tenant, and collect any rent on an illegal unit. In fact, in NYC, if I have a 2 family with an illegal 3rd unit, if a tenant in one of the legal units is NOT paying, and they found out I have an illegal unit ( and the guy in the illegal unit is paying ), I have to evict the illegal unit "paying tenant" first, remove the illegal unit, have it inspected and certified, and then sue to evict the tenant not paying the rent. And the tenant in the illegal unit can demand that rents he paid be paid back to him.

    If you say it takes me a year of headaches to do that, and cost me a ton of money, you'll be right.

    I looked at a six family apartment building in foreclosure some years back, where NONE of the SIX tenants are paying because the landlord made two illegal units in the basement, he was reported, and because technically at that point, if he goes to court to evict anyone for non-payment of rent, he would be thrown out of court, no one is paying any rent.

    An attorney whom I know personally, went to school with my wife, who got his start in the law working with legal aid helping tenants in eviction cases told me the first thing he does when he gets a case is he gets a "CO", then visit the property to see how many units are physically rented out, and he usually can hang the case up forever finding an illegal unit.

    It might just pay for you to PAY THEM SOMETHING to leave if that's what it takes.

    Alternatively, if YOU DON'T CARE, and if you live in the house yourself, and you are illegally renting out a converted unit, and you don't plan to rent it out anymore after this, the solution is to "turn yourself in", and demand the authorities evict the tenant on health and safety grounds.

    I know a realtor who had a client do this trying to sell an illegal rooming house, and all the tenants refuse to leave, and he can't legally evict any one of them. When you do this, the "health department" would evict the tenant on health and safely grounds, but you might be fined and penalized in the process.

    In NYC, this eviction process is called an "emergency dispossess", so when a building inspector shows up at an illegal unit, it is ordered closed immediately, and the tenants not allowed back in, even to retrieve their belongings. I have plenty of people trying to rent from me through the years who got evicted via "emergency dispossess".

    However, this way, you'll have the tenant evicted, though you would not be awarded any back rents, and you'll be fined. The tenant can then sue you for damages, plenty of it, and in NYC, demand rent he paid be paid back to him.

    Now, you may decide it's cheaper to bribe your tenant to leave. You don't have to go into details, just tell him a story you need it badly for a sick relative, it's an emergency, and you'll be happy to pay him a few dollars for the favor.

  3. #3
    Join Date
    Nov 2010
    Location
    Nassau County
    Posts
    3

    Default Re: What Are Our Legal Rights for an Illegal Apartment

    You can always evict a tenant.

    You may not want to bring a non-payment eviction proceeding, because as SChinFChin mentions, you may not have the right to collect rent if the apartment is illegal, in which case your petition will be dismissed. (See: evicting a non-paying tenant from an illegal apartment).

    You can, however, bring what's called a "holdover proceeding" to evict your tenant after you properly serve them with a 30 day notice to vacate. I can post more links about holdover proceedings and instructions, but this being my first post, I don't want to wear out my welcome! ; )

    1. Sponsored Links
       

Similar Threads

  1. Rental Agreements: Illegal Apartment
    By angeltv in forum Renting and Moving In
    Replies: 1
    Last Post: 06-13-2010, 09:05 PM
  2. Illegal Apartment Issues
    By HjR718 in forum Living in the Rental Unit
    Replies: 1
    Last Post: 02-01-2009, 12:00 PM
  3. Rental Agreements: Breaking a Lease Due to Illegal Apartment
    By Zapster in forum Renting and Moving In
    Replies: 1
    Last Post: 01-13-2009, 08:35 PM
  4. Sue My Landlord for Illegal Apartment
    By CrossStealth in forum Living in the Rental Unit
    Replies: 1
    Last Post: 12-19-2008, 06:36 AM
  5. Change of Ownership: Illegal Accessory Apartment
    By Frustrated Landlord in forum Living in the Rental Unit
    Replies: 2
    Last Post: 06-23-2006, 05:11 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Landlord-Tenant Forms
Expert forms for all states. Residential & commercial. Immediate download.




Untitled Document