How long does a tenat have to vacate after city inspecti

[madwells13]

I wrote the forum earlier about living in an illegal conversion, thanks for the reply. Have another question however, to ease my mind maybe someone can help. after finding out I am in illegal apartment, and a walk through by the city is scheduled for this week sometime, my landlords are telling me that I will probably only have a couple of days to move. Is this possible? Although I understand little about the legality of what is going on, is it realistic to assume that this time frame given to me by my landlords is correct...or are they perhaps panicking? It sounds like I have to move, but with no where to go, can the city MAKE me leave within a week? My apartment as of last week has no stove, I have things like fire alarms etc, and short of this place probably not having a C of O, I think the only safety hazard woould be not having a seperate fire exit. Also, if worst comes to worst, my upstairs neighbors say I can sleep with them until i find a place....can I keep my stuff in my illegal apartment and access it if the landlord has no issues with that? I hired a lawyer, but will not know aything for a few days, and am in a panic. Any direction would ease my mind, good or bad. Thanks!

[Cranky Tenant]

It probably depends on what the inspectors find and how serious those violations are.

Here in New York City you occasionally hear about illegal lofts where tenants are only allowed back in long enough to remove their possessions. On the other hand, if it's only a stove, they could simply order the landlord to provide one.

[Keysha91]

Hello,

I was recently in a situation like this one, was living in an illegal apartment in a private home up until February 2003 that I also had no idea until the end that the apartment was illegal.

When I found out I went down to the housing court here in the Bronx and asked some questions with the legal area located in the court house and what they had to say was very interesting.

They told me to do 3 things: 1. stop paying the rent to the landlord for the illegal apartment 2. contact the department of buildings and yes be prepared to move within a few days and 3. take landlord to court and sue to get all of my rent money back.

The inspector from the New York City department of buildings did come and inspect the apartment back in February and did determine that the apartmet was illegal for the same reasons that your apartment is illegal....no second exit because the apartment was located in the basement, stove located next to the front door etc. Upon the completion of the inspection he issued my former landlord two violations and I did something smart and made copies of the violations which is something that you need to make sure that you do KEEP COPIES OF EVERYTHING!

I moved out of the apartment 1 week after the inspector completed the inspection, while the inspector in my case did not give me a specific date to move (probably because he saw my boxes already packed) be prepared to move at least in 1 week.

I am now in the process of sueing my former landlord and while I have received so many different opinions about whether or not a judge would force the landlord to give me my money back I suggest that you try and sue also to get your money back. The law states that it is illegal for a landlord to charge/accept for an apartment that they know is illegal and therefore should also be required to give back the money that they have profited from such illegal activity.

Keep your head held strong..........I know it is stressful and scary but you will survive the same way that I did.

If you have further questions for me feel free to email me at keysha_peterson@msn.com

Keysha

[jot0n0]

Cranky, I think you missed the point here that there was a stove in the illegal apt and it was removed by the LL for a building inspection would have been replace afterward. As to the time frame to vacate, that would depend on the notice DOB will send to LL to cure violations, and may only give a few days to do so if DOB believes the condition to be a serious health hazard.

[Cranky Tenant]

Originally posted by John:
Cranky, I think you missed the point here that there was a stove in the illegal apt and it was removed by the LL for a building inspection would have been replace afterward. As to the time frame to vacate, that would depend on the notice DOB will send to LL to cure violations, and may only give a few days to do so if DOB believes the condition to be a serious health hazard.

Yes but the stove isn't currently in the apartment and apparently the apartment is in Westchester.

DOB is a city agency and has no jurisdiction Westchester.