illegal renter rights/eviction notice

[froona]

What is the name of your state? new york
we are renting the first floor of a house on long island (nassau county, town of oyster bay) along with two other tenants (above and below us). i am not certain of the exact laws, but discussing this with friends, i understand all apartments are illegal in this area. we just received an eviction notice from the town of oyster bay department of planning and development stating that we are residing in an illegal residence/illegal zone. it says that we have 30 days to vacate the premises or the owner will be issued a summons from the courts. i want to know what my rights are???? since it is illegal, do we have any recourse?? can this possibly be resolved?? or if not how long do we really have legally to find a new place? help!!!

 

[JETX]

Q1) "it says that we have 30 days to vacate the premises or the owner will be issued a summons from the courts. i want to know what my rights are????"
A1) Against who?? Oyster Bay?? No recourse. Against the landlord?? Only as to the return of unused rent and your security deposit.

Q2) "since it is illegal, do we have any recourse??"
A2) See A1.

Q3) "can this possibly be resolved??"
A3) Yes. You have to vacate the illegal apartment.

Q4) "or if not how long do we really have legally to find a new place?"
A4) You have the 30 days allowed in the notice.

 

[madddaddy]

Dont listen to Halket, this is NY and not the rest of the country we have higher standards for landlords here.

First do you have a lease?

This is going to require some investigating, normally the basement and attic are illegal apartments, but if the 1st floor is illegal, then the Landlord has never got a certificate of occupancy for the whole building.

Since the town has said it is illegal the landlord cannot legally collect rent, so dont pay this months rent.

Monday contact the planning/zoning and see what exactly is wrong. And if you dont move what will they ask for in court.

>>>YOUR position is...I did nothing wrong so why should it cost ME money to bail out the landlord!!!!!!

With that in mind, untill the landlord comes up with the ALL of your security and some moving expenses, and NO rent for June.....then dont even think of looking for a new place to move.

Its a cat and mouse game, but the landlord is the one that will have to pay up.

So keep kewl..and keep QUIET......

 

[jlw1000]

froona:

Halket is correct. If you follow madddaddy's advice you could have some problems. The worst is the possibility of ending up homeless. Find a new place & vacate within the 30 day time limit.

 

[JETX]

Froona, go ahead and follow Madboy's advice... and you will be homeless like he is. Why else do you think he is MAD??!! <grin>.

 

[madddaddy]

Remember this is still America, and you have a right to a court date.

So after 30 days the Landlord will get a summons rom the court....nothing about the tenant getting a summons.

So that is why YOU must investigate this tomorrow, YOU have a right to take your landlord to court and to demand that you be reimbursed.

So what is the landlord gonna do if you dont pay the rent...... give you a 5 day notice to pay rent, when it is illegal for him to collect it in the first place!!!!

 

[jlw1000]

Since the county is the one demanding the tenants vacate, you do not want to defy their order to vacate. You really do not want to find out the repurcussions later.

Deal with the landlord issue via the courts.