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nraboni
Uggh...
Member since 10/09 6905 total posts
Name:
Nicole
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Lease for an Illegal Apartment
How does this work?
Is there a standard form that can be printed online?
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Posted 5/12/15 3:02 PM  |
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Paramount
Sweet!
Member since 7/12 4289 total posts
Name:
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Re: Lease for an Illegal Apartment
If you are the renter, don't do it. Don't sign a lease, don't move in.
If you are the landlord DONT DO IT. You wont find a lease ANYWHERE for an illegal apartment. its illegal. It cant be rented. Even if you had a lease filled out IMHO it would not stand up because it never should have been entered into.
Not flaming you at all. Just the fact you are asking the questions means you don't understand about this. Please make sure you know what you are getting into (either the landlord or the renter) before you sign or do anything.
ETA: I am not a lawyer and just giving a laymans opinion of what I THINK would happen. Do not go by my opinion as law.
Message edited 5/12/2015 3:15:21 PM.
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| Posted 5/12/15 3:13 PM |
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jlm2008
LIF Adult
Member since 1/10 5092 total posts
Name:
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Lease for an Illegal Apartment
No, because a lease wouldn't be valid....it's an illegal apartment.
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| Posted 5/12/15 3:30 PM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Lease for an Illegal Apartment
Since it wouldn't stand up in court, it is kind of pointless to have a lease on an illegal apt
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| Posted 5/12/15 3:31 PM |
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Re: Lease for an Illegal Apartment
We had 2 apts after being married, one legal and one illegal. We only had to sign a lease for the legal one.
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| Posted 5/12/15 3:39 PM |
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nraboni
Uggh...
Member since 10/09 6905 total posts
Name:
Nicole
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Lease for an Illegal Apartment
So for all of the apartments that are available on LI and the majority being Illegal - no one signs a lease because it's not valid?
I am just trying to understand this.
When I rented we had a legal rental in LB - it was an entire house. We signed a lease. When I rented an apartment in Merrick it was illegal and I didn't sign anything. When I rented in Lindenhurst it was an illegal apartment but we signed a lease but were not penalized for moving out before the end of the lease was up - probably because it really was not valid.
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| Posted 5/12/15 4:09 PM |
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Pooka
Oh Happy Day!!
Member since 11/06 5689 total posts
Name:
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Re: Lease for an Illegal Apartment
When I rented, she had me sign a lease. She also told me that the apartment was legal and I trusted her (blindly) and should've checked with the town myself. When I moved out, I injured myself and she tried to sue me. We have been in litigation for the last 3 years over this. And, the whole time, the apartment is illegal. Ultimately, if the apartment is illegal, the lease is as good as toilet paper.
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| Posted 5/12/15 4:20 PM |
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jmp1105
LIF Adolescent
Member since 12/11 553 total posts
Name:
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Re: Lease for an Illegal Apartment
the lease would be pointless. unless you wanted to just lay out some terms so everyone would have the same expectations but it wouldn't be enforceable so really its pointless.
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| Posted 5/12/15 4:22 PM |
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Pomegranate5
LIF Adult
Member since 2/11 4798 total posts
Name:
Pomegranate5
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Re: Lease for an Illegal Apartment
Posted by jmp1105
the lease would be pointless. unless you wanted to just lay out some terms so everyone would have the same expectations but it wouldn't be enforceable so really its pointless.
This.
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| Posted 5/12/15 4:38 PM |
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nraboni
Uggh...
Member since 10/09 6905 total posts
Name:
Nicole
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Lease for an Illegal Apartment
Thanks everyone! I appreciate the feedback.
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| Posted 5/12/15 4:40 PM |
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newbie00
LIF Adult
Member since 3/11 1191 total posts
Name:
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Lease for an Illegal Apartment
You can get a generic lease form from any Office Depot, Staples, etc.
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| Posted 5/12/15 7:01 PM |
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SummerMom
Now a mom of 2!
Member since 6/07 4970 total posts
Name:
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Re: Lease for an Illegal Apartment
Posted by newbie00
You can get a generic lease form from any Office Depot, Staples, etc.
This.
I signed a lease for an illegal apartment I rented for 2 years. It wouldn't have been binding in court, I guess (actually I think I'd have had squatters' rights so that would be more in my favor!) but it laid out exactly what was expected: what the rent was, what utilities were included, and how much notice he wanted before i moved out. It seemed like a fair set of expectations to want from a tenant before they move in. BTW, the lease was provided by the real estate broker who showed me the apartment, after my references checked out and they checked my credit report. It's not like this was a shady back room deal or anything.
Message edited 5/12/2015 7:24:40 PM.
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| Posted 5/12/15 7:22 PM |
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BargainMama
LIF Adult
Member since 5/09 15660 total posts
Name:
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Re: Lease for an Illegal Apartment
Posted by Pomegranate5
Posted by jmp1105
the lease would be pointless. unless you wanted to just lay out some terms so everyone would have the same expectations but it wouldn't be enforceable so really its pointless.
This.
I would absolutely have them sign a lease. Whether or not it holds up in court is a different story.
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| Posted 5/12/15 7:31 PM |
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shadows
LIF Adult
Member since 1/10 4694 total posts
Name:
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Re: Lease for an Illegal Apartment
Posted by Pooka
When I rented, she had me sign a lease. She also told me that the apartment was legal and I trusted her (blindly) and should've checked with the town myself. When I moved out, I injured myself and she tried to sue me. We have been in litigation for the last 3 years over this. And, the whole time, the apartment is illegal. Ultimately, if the apartment is illegal, the lease is as good as toilet paper.
Omg, how did she sue you if YOU were the one hurt?! Hope it all worked out.
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| Posted 5/12/15 7:34 PM |
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TyReseGreen
Lil Prince is here
Member since 8/11 6338 total posts
Name:
Theresa
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Re: Lease for an Illegal Apartment
Posted by jmp1105
the lease would be pointless. unless you wanted to just lay out some terms so everyone would have the same expectations but it wouldn't be enforceable so really its pointless.
This exactly
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| Posted 5/12/15 8:29 PM |
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Mrs&MrsK
i need sleep ;-)
Member since 2/14 2008 total posts
Name:
L
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Re: Lease for an Illegal Apartment
Posted by shadows
Posted by Pooka
When I rented, she had me sign a lease. She also told me that the apartment was legal and I trusted her (blindly) and should've checked with the town myself. When I moved out, I injured myself and she tried to sue me. We have been in litigation for the last 3 years over this. And, the whole time, the apartment is illegal. Ultimately, if the apartment is illegal, the lease is as good as toilet paper.
Omg, how did she sue you if YOU were the one hurt?! Hope it all worked out.
this?
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| Posted 5/13/15 9:18 AM |
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Pomegranate5
LIF Adult
Member since 2/11 4798 total posts
Name:
Pomegranate5
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Re: Lease for an Illegal Apartment
Posted by SummerMom
Posted by newbie00
You can get a generic lease form from any Office Depot, Staples, etc.
This.
I signed a lease for an illegal apartment I rented for 2 years. It wouldn't have been binding in court, I guess (actually I think I'd have had squatters' rights so that would be more in my favor!) but it laid out exactly what was expected: what the rent was, what utilities were included, and how much notice he wanted before i moved out. It seemed like a fair set of expectations to want from a tenant before they move in. BTW, the lease was provided by the real estate broker who showed me the apartment, after my references checked out and they checked my credit report. It's not like this was a shady back room deal or anything.
I don't know how long ago this was, but it was my understanding that a broker could not list an apartment that was not legal/did not have a permit. That was not always the case, but as of 7 years ago that is what I was told.
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| Posted 5/13/15 9:25 AM |
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sunnyflies
LIF Adult
Member since 9/09 1757 total posts
Name:
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Lease for an Illegal Apartment
Brokers are not allowed to list an illegal apartment.
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| Posted 5/13/15 10:26 AM |
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Pooka
Oh Happy Day!!
Member since 11/06 5689 total posts
Name:
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Re: Lease for an Illegal Apartment
Posted by Mrs&MrsK
Posted by shadows
Posted by Pooka
When I rented, she had me sign a lease. She also told me that the apartment was legal and I trusted her (blindly) and should've checked with the town myself. When I moved out, I injured myself and she tried to sue me. We have been in litigation for the last 3 years over this. And, the whole time, the apartment is illegal. Ultimately, if the apartment is illegal, the lease is as good as toilet paper.
Omg, how did she sue you if YOU were the one hurt?! Hope it all worked out.
this?
She was angry that I was moving out. But, she listed the house for sale and that's how I found out the apartment was illegal. So on the day I moved out, she removed the step that was outside of the door and instead of stepping 3 inches down to a step, I fell about 18 inches down to the ground and tore the ligaments in my ankle. I went immediately to the hospital and couldn't do a final walk through. My dad moved my things out while I was in the ER. So she claimed that I causd damage to the apartment (she made up these damages like holes in the walls, water stains on the floors, damage to the windows). As a result of her alleged lawsuit (that she threatened me with) I filed a suit against her for the damage to my ankle. I had to have months of PT and major surgery to repair the damage that was caused. Hopefully, it'll be over soon.
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| Posted 5/13/15 10:42 AM |
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2boys1girl
and one more girl on the way!
Member since 5/10 2954 total posts
Name:
D
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Lease for an Illegal Apartment
Brokers cannot rent an illegal apartment.
Even though an apartment is illegal it doesn't release a tenant from their obligations to pay. If you were to ever need to take your tenant to court for a violation in your lease however you are opening up the can of worms to the town that you are in violation and will be fined and ultimately need to pull out your apartment.
A judge (especially Suffolk County) will uphold that a tenant is not released from rent because the apartment was illegal.
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| Posted 5/13/15 12:54 PM |
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