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ScottCo · Sep 20, 2009, 09:37 AM

My wife & I moved into a basement apartment in West Babylon NY on November 1, 2008 & have encountered numerous problems.
In March of 2009 severe plumbing problems led to major repairs on underground pipes. A jackhammer was used to break ground on our floor.
Soon after we were infested with mice & after much discussion with the landlord she decided to hire an exterminator. He put bait in strategic areas but 6 months later mice still exist here. In July there was a leak in the landlord's Central AC which caused 2 ceiling panels to come crashing down onto our bed. Mold from this leak plus the summer humidity has ruined some of our furniture.
We pay $1100/mo. Rent in cash. Numerous times we have asked for receipts & never received them. On September 18th of 2009 I again asked for receipts going back to January until September of this year. She informed me that the apartment was illegal & wondering where & why I needed receipts. I informed her because of health issues of my wife (she's disabled) & a cut in hours at my job that we needed to apply for food stamps. We still haven't received receipts.
Do we have any recourse considering we were grossly mislead about the living conditions & the apartment being illegal? We still have mice,mold & occasional sewage odors.
Thanks,
SJC

Cedarln2265 · Sep 20, 2009, 10:24 AM

You don't need a receipt IF you pay by check or money order. It is never a good idea to pay cash if the person refuses to give you a receipt.
Did you and/or your wife sign a lease agreement with the landlord? Leases are written agreements and a lot better than verbal agreements
The landlady ( "She informed me that the apartment was illegal ") you need to find out from local city ordinaces if this statement is true. It could be her way of avoiding keeping up the apartment and not getting her reported good luck

JudyKayTee · Sep 21, 2009, 10:21 AM

If the apartment is illegal in NYS you do NOT have to pay rent nor can she sue you for back rent. You CAN sue her for renting you an unsafe, unhealthy, illegal apartment.

Have you verified that the apartment is illegal?