Jason is an associate attorney with Kronenberg Law PC, where he serves as counsel for corporations and property owners. 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. I have children so it’s hard to find. Can a Landlord Enter a Tenant’s Apartment Without the Tenant’s Permission? 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. 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. The Courts will not uphold an illegal agreement. This man testified that when applying for the position, he presented Mr. Hadden with a false social security number, one assigned to his son. Her landlord had entered her apartment, went into her bedroom and just walked around the apartment on several occasions without her permission. 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. She is using our security deposit for this month and wants us out by end of the month. Good evening, 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. Real Estate Lawyers, Present The apartment has no kitchen, bathroom, and inside plumbing. What can we do. who we are 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. Landlords who rent property that isn’t subject to rent stabilization--such as single-family homes—are free to raise rent as allowed under their leases or rental agreements. 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. Yes, a landlord can legally collect rent from an apartment that has been legally condemned. A. Hiring an experienced, aggressive eviction attorney can save you time, money, and aggrevation. 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. Should you receive any papers to appear in court, please feel free to call us. I have a tenant that refuses to pay rent for a basement apartment that she rents from me. 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). This is kind of weird, but my landlord enters my apartment from time to time. I live in Suffolk. The small claims court found that Pickering had failed to prove that she moved out by that date, but nonetheless awarded her the return of her security deposit and dismissed the Chappes’ counterclaims on a finding that rent could not be recovered because the apartment was “an illegal apartment in a one-family house.” The Chappes appealed from the award to Pickering of the security deposit. All rights reserved. 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. this situation what can we do ? My daughter rented a basement apartment in the town of Islip (which she is almost certain that it is an illegal apartment). © 2020 Murtha Law Firm, LLC. This is our new normal, and chances are it’s not going away anytime soon. With … The families that have come are business owners or have more than one job,; very hardworking people. Your Rights as a Landlord As a landlord, you have the right to receive all past-due rent money from a … The Chappes counterclaimed for, among other things, unpaid rent for three months. 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.” 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 . Check your inbox or spam folder to confirm your subscription. Can't find your category? 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. The court may force the landlord to fix the problem and your rent may be put into escrow in the meantime. Landlords aren't required by law to ask for a security deposit but many prefer to have it as a safety net. Can Someone Refuse to Rent Me an Apartment Because I Get SSI? talk to us. Services Law, Real 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. What happens if you become under suspicion of renting a house or room illegally? what we do 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. 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. A. This is because the legality of the apartment will be a strong defense for the nonpayment of rent. Judge Straniere makes it clear that the Landlord cannot collect rent on an illegal apartment." If you are looking for a free consultation with an eviction lawyer, or to learn about the eviction process, call us. 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 … Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Suffolk County? 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. As a rule, you would get a 'referral notice'. Read more about him on his Linkedin profile. What are Some Ways a Landlord Can Protect Himself? How can contract for an illegal service or property be enforced in court? What Happens if a Unit is Found to Be Illegal? As landlords, we’re in a tough position. Law, About Landlords in California are not entitled to collect or request any rent as long as the apartment is termed illegal. 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. 6. Rent increases are … 3. This is some of the most sensitive personal information out there. No. New Jersey, for instance, makes it very clear to landlords that they may not profit from illegal activity. She has taken out our refrigerator, our stove and sink from the apartment. The landlord tries to get you evicted for non-payment and you bring a cross-complaint. 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. 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. 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. 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. But here we are. Town ordinances are designed to maintain the health and welfare of the citizens and, as a result, illegal apartments typically also pose some significant health or safety risk. 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. Library, Employment LegalMatch Call You Recently? • The landlord must use licensed contractors to perform any work it intends to count as an IAI. LegalMatch, Market The landlord was also charged with hiring an illegal alien as a manager of one of the apartment complexes. 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. 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. Now the landlord received a notice. He says we need for move because the twon didn’t approve two legal family apartment. Estate I found out the apartment was illegal after signing the lease, when my landlords said that I cannot receive my mail there. 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. Thank you for a very informative article. I have a situation where I’m getting undocumented immigrants seeking housing. The landlord and her daughter had a fight and the daughter reported the apartment to the town. In Suffolk County, however, the District Court has traditionally taken a much stricter approach to illegal rentals. Hi I rent a two bedroom apartment In Westbury. 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. This is an unprecedented time. Courts, for a long time, were split on this issue. If an apartment is illegal, it will be difficult for a landlord to file for a formal eviction process. He previously advised clients in family law, probate and estates, and landlord-tenant law. 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. learn the law There's a bar to the collection of rent, but that's not a basis to recover rent you previously paid." The simple answer is YES. Copyright 1999-2020 LegalMatch. You may get some of it back, but that is not a given. 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. Like banks and credit card companies, a landlord is your creditor. Of course, the landlord may evict you because the apartment is illegal. What is an Article 78 Proceeding, and How Do I Bring One? Will I relieve my security deposit back? 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