I am currently renting an apartment in which I personally did a lot of work out of my own pocket like installed hard wood floors and replaced walls. Now my boyfriend and I have decided to rent out the extra room that we really have no use for however the daughter of my landlord has a problem with it. The room has been rented and now I live in fear cause I need the help but I honestly don't want any problems what can happen to me if she was to realize that the room is for rent? If she decide to go further with major moves what can be the results? I have never paid the rent late. What are my rights as a tenant.
Thanks
Reina

- moved from Introductions -

Question narrowed down... Can a landlord evict me (tenant) for renting out the 2nd bedroom in the apartment? If so what will be the process?
Facts:
Never had a prior problem with landlord.
Rent has always been paid on the 1st.
Lease doesn't indicate anything against renting the other room.
However the landlord has indicated that she had a problem after the room was rented, so she is unaware as of now.

How do I find out if my basement apartment is in illegal? Cause my landlord has been giving me a hard time with getting a room mate but I am beginning to suspect that its cause its illegal. How do I find out?
Please urgent response needed
Thank you
Shirley

It sounds like an illegal apartment to me. When a space is rented out to you, you have control over the unit. The property manager/landlord can only enter with your permission or under suspicion of illegal activity. I don't know where you live, but I would check with your Board of Tenants' Rights. Do a Google search in your city and state. There are certain things that should be present on your lease agreement. When you find out where your Board of Tenants' Right is, bring a copy of your rental agreement. If it's established that your contract is illegal, you may not even have to honor it. In San Francisco, (they have the BEST rent control, disadvantageous for the property managers), if it's established that a contract is illegal, you don't have to honor it. You can refuse to pay rent and even take it to a small claims court and ask for your money back, anything you've ever paid under... I can't remember... I want to say Unfaithful or something act. Anyway, check with your Board of Tenants' Rights. Good luck!

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Originally Posted by brooklynslady

How do i find out if my basement apartment is in illegal? Cause my landlord has been giving me a hard time with getting a room mate but i am beginning to suspect that its cause its illegal. How do i find out?
Please urgent response needed
Thank you
Shirley

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Thank Alias652 very helpful. I live in Brooklyn NY and I am currently searching everywhere on the web to find out if it is illegal. When I first moved in the apartment it seem like everything was on point but now I am beginning to question it how I am so restricted how many visitors I can have or if my family comes to visit and what's worst on having a roommate. I pay no utilities they are all included and I tried to get internet service and apparently my address with my apartment unit is not registered so now I really want to know. Thanks for your input

Does the lease say anything allowing you to sublet? And then the next question... the lease laws in your area will have a default position on subletting. But I don't know if the assumption is that you can sublet if it's not specifically prohibited, or if you can't sublet unless it's specifically allowed.

I don't know anything about the sublet. My question is, did the landlord approve your changes before you did them? If she didn't, are you aware that you may get to pay to return everything to its original condition? Generally it's never a good idea to spend your money to "improve" a rental.

There can also be zoning issues as to mutil family use of one apartment, that needs to be reviewed, But if the lease doesnot give you specific permission to lease it out, they could deny you the ability to do so.

Hello b:

Ask your landlord for a certificate of occupancy. If she doesn't show it to you, then it's illegal.

excon

Quote:

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Originally Posted by brooklynslady

How do i find out if my basement apartment is in illegal? Cause my landlord has been giving me a hard time with getting a room mate but i am beginning to suspect that its cause its illegal. How do i find out?
Please urgent response needed
Thank you
Shirley

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Go to your local Building and Zoning Office and ask.

Quote:

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Originally Posted by brooklynslady

Question narrowed down... Can a landlord evict me (tenant) for renting out the 2nd bedroom in the apartment? If so what will be the process?
Facts:
never had a prior problem with landlord.
rent has always been paid on the 1st.
lease doesnt indicate anything against renting the other room.
however the landlord has indicated that she had a problem after the room was rented, so she is unaware as of now.

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This would be easier if you combined your 3 threads and put all the facts in one place - kind of hard to sort through and form an opinion.

If the apartment is illegal - as you have indicated - none of this is going to matter.

>Threads Merged <

Quote:

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Originally Posted by brooklynslady

I am currently renting an apartment in which i personally did alot of work out of my own pocket like installed hard wood floors and replaced walls. Now my boyfriend and I have decided to rent out the extra room that we really have no use for however the daughter of my landlord has a problem with it. The room has been rented and now i live in fear cause i need the help but i honestly dont want any problems what can happen to me if she was to realize that the room is for rent? If she decide to go further with major moves what can be the results? I have never paid the rent late. What are my rights as a tenant.
Thanks
Reina

- moved from Introductions -

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Thank You all for your input...
In regards to the changes and improvements we did get an approval from the landlord of course they approved the unit now looks like a million bucks. Now in regards to subletting she is against it but I only think she is against it for a fear of something and I have come to the conclusion cause the basement apt is illegal. I did some research on my own and tried to retrieve a certificate of occupancy but because the house was built in the 1940's that was not a requirement as it is now. So that wasn't helpful but I read somewhere that a good way to know if an apartment is legal is if it has its own meter which the whole house only has two meters not three as it should. Another thing that one of my friends that use to work in realty found odd is that the boiler room is in my apartment and so close to the kitchen. So I am still trying to figure this out so I am still do major research any extra input would be great help...

Quote:

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Originally Posted by brooklynslady

Thank You all for your input...
In regards to the changes and improvements we did get an approval from the landlord of course they approved the unit now looks like a million bucks. Now in regards to subletting she is against it but i only think she is against it for a fear of something and i have come to the conclusion cause the basement apt is illegal. I did some research on my own and tried to retrieve a certificate of occupancy but because the house was built in the 1940's that was not a requirement as it is now. so that wasnt helpful but i read somewhere that a good way to know if an apartment is legal is if it has its own meter which the whole house only has two meters not three as it should. Another thing that one of my friends that use to work in realty found odd is that the boiler room is in my apartment and so close to the kitchen. So i am still trying to figure this out so i am still do major research any extra input would be great help....

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Again - the Assessor's Office or Zoning Office has the info. Save yourself all the research, go to City Hall and ask.

In NYS the number of meters has nothing to do with whether an apartment is or is not legal.