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Ask maureen Your Own Question
maureen, Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 82
Experience:  NY Real Estate Broker, and Paralegal
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Can my landlord legally rent out a garage turned into a ...

Customer Question

Can my landlord legally rent out a garage turned into a house without getting legal permits to turn the garage into a house? If he can not, what would the legal code be if it was a violation?
Submitted: 9 years ago.
Category: Real Estate Law
Expert:  maureen replied 9 years ago.


He can not legally rent out anything that is not legal. He would had to have plans drawn up filed with the town, then the town would have to approve them and then a CO would be granted... You can't just turn a garage into what he thinks is a safe and accepted home for someone to live in.

All you would have to do is call the town, you dont even have to give your name, they will take it from there. Besides the fact that it is a safty violations the fact that he isnt paying taxes for the extra income he is getting, there are endless violations he would be hit with.

I hope this answer help you. Maureen


Customer: replied 9 years ago.
Reply to maureen's Post: Thank you so much for you time. You have really helped answer my question. I had a feeling it was a violation when I pulled the permit package with the city and it showed only a garage and not a house. This all started when I could not get my mail for the 1/2 address he gave me when I moved in.
Expert:  maureen replied 9 years ago.

It can become very annoying I know. People think the town comes down on homeowners for no reason.

Its dangerous, God Forbid there was a fire in that garage and the tenents couldnt get out because it was not design for people to live in.

Believe me the violation will be endless.

maureen and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 9 years ago.
Can I legally ask for my rent money back by taking him to small claims?
Expert:  maureen replied 9 years ago.

Hello Ramona

I'm sorry i took to long to get back to you, we had some terrible weather here and it knock out my computer.

Of course you can. If that apartment is illegal i cant see it getting to the point of going to small claims court, he would be foolish, that would open up a huge can of worms for him.

ask him for your money back, If you have to threaten to take him to small claims court I bet he will be happy to give you back your money after that. please let me know what happens-maureen

Customer: replied 9 years ago.
Reply to maureen's Post: Hi marlene,

I just wanted to let you know that there are so many violations per the city. He has to build a garage on the property so just that alone is going to cost him over $30,000. This does not include all the violations that need to be repaired per the city.
Expert:  maureen replied 9 years ago.


See what happen when people don't do the right thing, A simple permit would have saved him over $30.000.