Legal Question in Landlord & Tenant Law in New York

Renting out basement

I own single family house. Because of the current financial situation, I need to rent out the basement as apartment to get some additional income for my mortgage. I understand that this is not allowed in single family zoning. Is it possible to make it legal (I don't want to share my whole house with the tenant)? If not, what is the worst senerio for renting out an illegal apartment? If tenents refuse to pay the rent, may I evict them with 30 day notice? If tenents pay the rent then find out this is illegal apartment, do they have the right to ask for their rent back? Will there be any fine from the government? Appreciate your help.


Asked on 3/28/04, 11:04 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Renting out basement

The answers depend on where you live. As a general rule, it is not often that you can convert a basement to a legal apt. in a one fam zone. If you get caught, there will be a daily fine, your tenant can refuse to pay the rent, the tenant can ask for moving expenses, etc. IF your tenant is injured, fire, etc. you may not be covered either. This is not the way to go. You can legally, rent out a room in your house.

Debra

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Answered on 3/29/04, 8:02 am


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