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excon · Sep 12, 2008, 06:12 AM

Hello K:

Well, I don't know if your question got answered. I don't think so, because we don't know what your lease says. But, it appears that your lease isn't CLEAR about this apartment...

And, I agree with you. It probably ISN'T a legal apartment...

So, the question comes down to what are you going to DO about it? You want to stay, and you want him to leave. You may not be able to get what you want, but I'd sure take a shot.

Sit down with him. Tell him the truth, that you don't want him living there. If he doesn't leave, you'll report him, and break your lease. I'd follow it up with a certified letter stating the same thing. IF the apartment ISN'T legal, he can't sue YOU for the balance of your lease.

excon

ScottGem · Sep 12, 2008, 06:28 AM

I think excon is misreading something here. The illegal apartment you refer to is where the landlord is staying. I believe this is in a converted garage. In addition, to that there is the house and a legal apartment attached to the house.

So, the landlord living in an illegal apartment in the garage would have NO effect on your lease. If you report him, what would probably happen is he will be forced to move and the garage condemned.

As Mommy says, if you fight him, you may win (and I'm not as sure of that as she is), but at the cost of alienating him. At best it means he terminates your lease when it expires. At worst, it means he makes the rest of your tenancy very difficult.

So you need to decide what you want to do.

rockinmommy · Sep 12, 2008, 06:31 AM

Originally Posted by ScottGem

As Mommy says, if you fight him, you may win (and I'm not as sure of that as she is), but at the cost of alienating him. At best it means he terminates your lease when it expires. At worst, it means he makes the rest of your tenancy very difficult.

I'm not necessarily all the sure she'd win, either. If it came to a court case or whatever. I'm just saying she's "right" in the fact that she shouldn't have to be bothered by the dog.

But there are lots of injustices in the world and it's not practical to fight all of them. You'd run yourself silly.

excon · Sep 12, 2008, 06:44 AM

Originally Posted by ScottGem

So, the landlord living in an illegal apartment in the garage would have NO effect on your lease. If you report him, what would probably happen is he will be forced to move and the garage condemned.

Hello Scott:

Bingo. That's what she wants. If the apartment ISN'T illegal, no harm no foul. He can't retaliate for complaining.

Plus, if the LL moved into an apartment (legal or not) in a building that the tenant thought was HERS, that's a violation of HER lease. In my view, in order for the apartment TO BE EXCLUDED from HER premises, it would have to be spelled out in no uncertain terms in her lease. That apparently, WASN'T done. Therefore, I think the garage belongs to the tenant.

Given the above, I can't see the LL recovering if she vacates.

excon

rockinmommy · Sep 12, 2008, 06:53 AM

Originally Posted by excon

He can't retaliate for complaining.

Of course he CAN! He wouldn't be right to do so... but he can.

That's my whole point.

Overall, I believe the tenant is "right" and the landlord is "wrong" on this one. But he's still the landlord, it's still his property, and she needs to decide how far she's willing to take it and what she may face in the way of retaliation from him.

In my opinion, if she likes the house and the dumb dog is just an annoyance it might be worth it to just suck it up and deal with it. If she doesn't mind moving and getting into a big battle to get the annoying dog to stop bothering her... have at it.

I guess I'm giving what I consider to be practicle advice at this point - not necessarily what the limits of her legal rights are.

excon · Sep 12, 2008, 07:00 AM

Originally Posted by rockinmommy

Of course he CAN! He wouldn't be right to do so.....but he can.....

I guess I'm giving what I consider to be practicle advice at this point - not necessarily what the limits of her legal rights are.

Hello again, mommy:

In MY state, he CAN'T retaliate for complaining.

I too, believe I'm giving her practical advice. If she CAN'T put up with the dog and the LL in the garage, I think she can get rid of him, and/or vacate without any adverse consequences.

If she CAN put up with him, then she's cool. Between the two of us, I think she got good advice - oh yeah - Scott too - and Jude - and this - and my mother (ok, not my mother).

excon

ScottGem · Sep 12, 2008, 07:43 AM

He can't LEGALLY retaliate. But we all know that there are many ways to retaliate that wouldn't be seen as such.

froggy7 · Sep 12, 2008, 11:19 PM

Actually, out here where I live one of the legal reasons that a landlord has for evicting a tenant is that they need to move back into the house. So I can just see in this case: tenant complains because landlord is living in an illegal apartment. Housing department forces landlord to move out of apartment. Landlord turns around and evicts tenant that reported him because he now has no place to stay and needs to move back into house!

ScottGem · Sep 13, 2008, 05:07 AM

Froggy has a point. I considered that but wasn't sure how universal that rule was.

kbh120983 · Sep 13, 2008, 07:04 AM

Thank all of you for your advice. Sorry about the other thread didn't know there are so many rules on this site. Are some of you answering my question doing this as your job? Anyway you have all been helpful but after talking to him he made some phone calls and he told me I was right and that since he leased the property to me and the tenant in the apartment he has to stay out of our backyard unless we say it's okay and keep his dog leashed when we are home on the other side of the property. I do not know if this is because of legal reasons or because someone told him it's rude. I do not know but so far so good. Thanks

Fr_Chuck · Sep 13, 2008, 07:15 AM

Part of the issue here is "legal" apartment, in most terms this is the right to rent an apartment, since he owns it, there is no need to rent, the issue will be zoning and if he got building permits to use it for living. Since he already has one "legal" apartment, we will assume for sure that the property is zoned multi family. So all we have is the issue if the garage was approved to be occupied or not. ** and that may even be depending on where you live and if they have strict building and zoning regulations.

As to the dog, you rent a shared yard, you share it with the other tennants, just like living in an apartment complex. The tenant of the "legal" apartment, the person living in the other apartment and you all have equal access to the yard area.

But if the lease specificly says the other apartment people have to stay out of the yard, then he may be bound by it also, if it is not in writing but just verbal, it can be changed at his desire with reasonable notice.

But if you have it solved now good luck

kbh120983 · Sep 13, 2008, 12:27 PM

The garage is not near the yard maybe I wasn't clear. The house and apartment have a front and backyard that yes we share. The garage is another story it is all the way at the end of a 200ft driveway. It is not on the yard. But, it has been resolved already thank you for your thoughts.