do illegal statements make a lease null and void in court

[Rhiannon412]

Suffolk County, New York
I live in what I have found to be an illegal apartment. It was my first time renting and I even got the apartment through a broker. The owner of the house has sold the house to the tenants living downstairs from me. they have again not registered this as the three family home that it should be declared as. Anyway, they just gave me the new lease agreement and it states that they can come into my apartment at any reasonable time. i thought they had to give notice to me? also, it states that I cannot change the locks without giving them a key. I changed the locks several months ago on the police's advice because when the tenants were purchasing the home, they decided to gain access to my apartment from my then landlord to remove my appliances without my knowledge so that this would appear not to be an apartment. This was done without my consent. The police told me I should have had them arrested. finally, I guess my question is if I sign this do I really have to give them a key to my apartment? Also, how long is areasonable amount of time for me to be looking over this lease before returning it to them, signed and dated? It took me two months to get them to give me a lease.

 

[FarmerJ]

Call your city /county and ask for a housing inspection .If they determine that the unit is indeed not grandfathered in under a old rule they will likely order you to move . Many places have spelled out how much notice must be given for entry into the Unit when its Not a emergency repair so ask about that too .

 

[macckkk]

I would sign the lease immmediately since it will give you a vast amount of rights when you are evicted.

did you just post before about an illegal apartment in suffolk?

Are you living in the attic?

It is a strange ste of rules that homes have to be registered and that a certificate of occupancy must be issued for the exact number of apartments in the building....but the weird part is...The LANDLORD can live in the illegal apartment, its just he cant rent it out legally.

So sign the lease, that way you have proof to show a judge the owner KNOWS full well its illegal.

Also since you got it through a broker you could sue the broker for renting you an illegal apartment, but only after you are fomally served with a evcition notice.

You could wind up making money off of this deal, if you play your cards right, removing appliances was to lie to the building inspector about the legality of the apartment.

Do you pay by check? If its cash or money order that is a clear sign something is wrong...as well as the electric is included in the rent. Also be careful some scummy landlords will have 2 electric meters and 3 apartments so you might be paying for someone elses electric and that is clearly Illegal.

So you have things ASSS backwards you WANT the lease to be valid so you can sue the landlord, if and when the time comes to do so.

YOU do have the upper hand, but they still must have a key to get in the apartment, becuase if they dont and they have to breakin in an emergency, then YOU would be liable for all the damage done to gain enttry.

And the police were right, removing appliances is illegal and they should have been arrested.

So its up to you what do you want to do about this? Do you want to live there? is the rent OK? what is it you would like?

 

[FarmerJ]

Foot note for you Not all units where utilitys are included are allways Illegal units . I have a relative whom has had a 2nd floor unit that meets city code for egress and the lights /cooking gas and Hot water and heat are included because they chose to do so rather than paying for separation . In this state renters cannot be required to pay a utility bill or split it when there is single metering for that utility . Again as I said earlier call to find out how many units are registered there . and yes in non legal units the landlord can live there and rent the other spaces out , A nurse I know did that her unit was On 3rd floor and she included all the utils on the 2nd floor apt .

 

[macckkk]

Thanks FarmerJ, i just remembered my father inherited a 2 family house with one meter, so rather then spend lots of $$$ to upgrade the wiring and splitit, he found a large family that rented both apartments at a discount, and it worked out great for about 10 years then. one of the kids got married and they moved in the upstairs apartment for another 5 years.... guess he got lucky with good tenants.