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We are living in an illegal apartment in southampton ny. Our…

We are living in...

We are living in an illegal apartment in southampton ny

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Our landlord made us pay him $1500 for the fine he received for the town of Southampton

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Southhampton New York

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are planning on not paying anymore rent and to pursue suing our landlord he was responsible for putting our deposit $3200 into a separate account and notifying us of where it was he did not follow through this responsibility since he also applied for a rental permit but lied we live in a single dwelling house and he went out to two families we have reported him to the town

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Answered in 3 minutes by:
2/20/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,138
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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When did you find out the place was illegal?

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Have you moved out yet?

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Why did you pay him for the fine for him renting an illegal unit?

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Has the town cited him for renting an illegal unit?

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thanks

Barrister

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Customer reply replied 4 months ago
We found out that the apartment was illegal in 2014 we had a stove fire with no damage other than the stove. The town fire inspector investigated our landlord finding out that he had not applied for a permit. Subsequently our landlord was fined $1500 our landlord threatened us with eviction if we did not pay the fine. We have his demand in a letter sent to us as evidence. He applied for a rental application but told the town that he was renting to a single-family. The house is zoned as a single-family house but he rents to two separate families in two separate apartments. Last week we were to the town code and reported him I have provided them with photos of the house and apartment. We have not moved out this Wednesday would like to notify him with the form of the a lawyers letter that we will no longer be paying rent because we are living in a illegal apartment we will be seeking the services of a Southhampton lawyer who specializes in tenant landlord issues. We would like to pursue suing him for the money he owes us and also to obtain our security he did not notify us when he took our security of where it is located and also that it was in a separate account we are going to the town code department tomorrow to see what the next step they are going to do with him
Customer reply replied 4 months ago
you need to cancel the $59 charge
Customer reply replied 4 months ago
Renting Your Home in the Town of Southampton
Thursday, October 15, 2015 | By Kathryn Dalli
If you own a home within the Town of Southampton and want to rent your home, whether it be annually, seasonally or monthly, it is imperative that you apply for and obtain a rental permit from the Town. If you already have rented your home without having obtained a permit, you may be at risk of losing rental income paid. If you intend to rent your home, you must obtain the permit prior to the commencement of occupancy and prior to collecting any rental monies, including a deposit or advance rent.
Southampton Town Code § 270 requires a homeowner to obtain a rental permit as a condition to the collection of rent. A rental permit is good for 2 years and then must be renewed. If the tenant changes within the 2 years, you must notify the Town of the new tenant information.
Recently, in a Suffolk County Supreme Court case, the court made two very important rulings: (1) that a tenant has a private right of action against a landlord for violation of Town Code § 270; and (2) that in an action against a landlord, the tenant may recoup rent paid if the tenant can prove injury as a result of the violation.
Aside from obtaining the permit, State law requires that all security deposits be kept in a separate account and cannot be commingled with the landlord’s personal moneys. In addition, upon deposit into a bank account, the landlord must notify the tenant in writing of the name and address of the bank in which the deposit was made. Failure to comply with this law could subject you to the loss of the security deposit.Renting Your Home in the Town of Southampton
Thursday, October 15, 2015 | By Kathryn Dalli
If you own a home within the Town of Southampton and want to rent your home, whether it be annually, seasonally or monthly, it is imperative that you apply for and obtain a rental permit from the Town. If you already have rented your home without having obtained a permit, you may be at risk of losing rental income paid. If you intend to rent your home, you must obtain the permit prior to the commencement of occupancy and prior to collecting any rental monies, including a deposit or advance rent.
Southampton Town Code § 270 requires a homeowner to obtain a rental permit as a condition to the collection of rent. A rental permit is good for 2 years and then must be renewed. If the tenant changes within the 2 years, you must notify the Town of the new tenant information.
Recently, in a Suffolk County Supreme Court case, the court made two very important rulings: (1) that a tenant has a private right of action against a landlord for violation of Town Code § 270; and (2) that in an action against a landlord, the tenant may recoup rent paid if the tenant can prove injury as a result of the violation.
Aside from obtaining the permit, State law requires that all security deposits be kept in a separate account and cannot be commingled with the landlord’s personal moneys. In addition, upon deposit into a bank account, the landlord must notify the tenant in writing of the name and address of the bank in which the deposit was made. Failure to comply with this law could subject you to the loss of the security deposit.

Working on your question... I don't do the phone call thing, but other experts do and might accept if you wanted to speak to another attorney about it..

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If not, I can put in a refund request for you when we are done..

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,138
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Irwin Law
Category: Landlord-Tenant
Satisfied Customers: 10,692
Verified
Phone call session started

Ok, the way this type of thing works is that you have no legal duty to pay for an illegal dwelling as the landlord shouldn't be renting it anyway. And he has no legal grounds to sue you for any back rent that you might owe because it is illegal to rent it in the first place.

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However, he can terminate the tenancy and evict due to the fact that...once again... the unit is illegal and shouldn't be rented anyway..

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But you would definitely be entitled to a full refund of your deposit since the unit was illegal to start with..

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thanks

Barrister

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