Can I evict someone for living in an illegal basement in NYC?
Illegal occupancies abound here in NYC, especially in Queens and Brooklyn. That being said, if you are a landlord and want to evict a tenant but not sure because you have someone living in an illegal basement, the answer is that you can.
What happens when an apartment is found to be illegal?
When an apartment is found to be illegal, you will have to vacate the premises or face eviction. The rental agreement in many states becomes unenforceable. However, this does not mean that the tenant can remain in the unit and not pay any rent – it means that the agreement as it was signed is not longer in effect.
Can a landlord evict you for not paying a lease?
While you can be evicted because it is an illegal residence, you cannot be evicted for not meeting the terms of the lease. You may not have a free ride to stay without paying, but you may have the right to recoup at least some of your losses.
What happens if a tenant refuses to vacate an illegal property?
Keep in mind that the tenant must vacate illegal properties, and if he/she refuses to then the landlord must pay for eviction proceedings as well. While fines and penalties have become much more serious for landlords, it does not change the fact that tenants must vacate an illegal property unless the landlord can remedy the illegal issue (s).
Can I get my rent back from an illegal apartment?
“If you voluntarily pay rent in an illegal apartment, you cannot get it back. There’s a bar to the collection of rent, but that’s not a basis to recover rent you previously paid.” However, you might have grounds to sue your landlord, if you can prove that they misrepresented the apartment as legit when they knew, in fact, it was not.
Can you be sued for not paying rent?
So, when you are being sued for failing to pay rent, it is a defense to the nonpayment case if you live in an illegal apartment. If your apartment is like this, it may be an illegal apartment: 1. Basement Apartments: not all basement apartments are illegal.
https://www.youtube.com/watch?v=J-LyJ5dO5A0