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Discover1 · Jun 7, 2012, 10:25 AM

I moved from a legal apartment in my present building to what I thought was a larger apartment, but turned out to be illegal - it's in the basement. The landlord told me not to open the door for the inspector, and I been in the apartment for about two years now. I thought that he took care of everything, but I just found out that someone complained and I now have to watch out for the inspector again. Initially when I found out the apartment was illegal, I asked the landlord if I could move to another apartment when someone moved out, however, many people have come and gone, and he never offered another place.

I would like to know what are my options; I like my apartment, but don't know what to expect.

ma0641 · Jun 7, 2012, 11:23 AM

Please define what makes it "illegal"? Egress issues? Just because it is in a basement doesn't make it illegal. I have 2 houses with basement bedrooms, all with proper egress and they are not illegal. Who told you it was illegal?

Discover1 · Jun 7, 2012, 04:02 PM

Originally Posted by ma0641

Please define what makes it "illegal"? Egress issues? Just because it is in a basement doesn't make it illegal. I have 2 houses with basement bedrooms, all with proper egress and they are not illegal. Who told you it was illegal?

I think the apartment is illegal because the building is 4 years old (originally I lived on the 4th floor); the apartment did not exist -- it was just space in the basement. The landlord built out the space, however I don't think he registered it with the buildings dept. Also, the post office does not recognize it and I don't have a mailbox. When the landlord tried to add a mailbox, the post office officials said that the apartment does not exist. Also, the landlord told me not to answer the door if someone from the building departments knocks. If the apartment was not illegal, I wouldn't have to hide from the building department.

AK lawyer · Jun 7, 2012, 04:38 PM

Originally Posted by Discover1

... I would like to know what are my options; i like my apartment, but don't know what to expect.

The building inspector has options. When & if he or she figures out what those options are, or feels motivated enough to use them, the building inspector probably can fine your landlord for not having a certificate of occupancy for your unit. At that point, the lanlord is likely to try to get you out of there in short order.

ScottGem · Jun 7, 2012, 04:43 PM

If the existence of the apartment is found out, the landlord will probably be fined. Depending on zoning and other factors he will probably be given an option to either bring the apartment up to code or change the apartment back to the previous usage.

If he chooses the latter he will have to force you to vacate. If he chooses to make it legal, he may decide to raise your rent to cover the increased costs.

In any case he can't just throw you out. You will need to be given some time, usually about 30 days, to vacate.

Fr_Chuck · Jun 7, 2012, 05:36 PM

Also in some states, a landlord can not collect rent on a illegal apartment ( I would talk to an attorney before I acted on this) but the idea is that you can not profit from illegal activity.

Next I would tell the landlord it is against your faith and beliefs to lie and that you can not be asked not to answer your door. Or of course you should be paying a lvery very low rent

Discover1 · Jun 8, 2012, 08:30 AM

Originally Posted by AK lawyer

The building inspector has options. When & if he or she figures out what those options are, or feels motivated enough to use them, the building inspector probably can fine your landlord for not having a certificate of occupancy for your unit. At that point, the lanlord is likely to try to get you out of there in short order.

Thank you. I am waiting to speak to the owner.

Discover1 · Jun 8, 2012, 08:31 AM

Originally Posted by ScottGem

If the existence of the apartment is found out, the landlord will probably be fined. Depending on zoning and other factors he will probably be given an option to either bring the apartment up to code or change the apartment back to the previous usage.

If he chooses the latter he will have to force you to vacate. If he chooses to make it legal, he may decide to raise your rent to cover the increased costs.

In any case he can't just throw you out. You will need to be given some time, usually about 30 days, to vacate.

Thank you. I am waiting to speak to the owner.