Illegal apartment: To tell or not to tell?

United States
November 26, 2012 5:26pm CST
Hello fellow mylotters, I'm living in a two bedroom basement apartment with my boyrfiend. The bedrooms have normal windows, but the living room and kitchen have basement windows that don't open. We moved in last March and found out that our landlady is a heavy smoker. Since the gas heat is forced air, all the ciagarette smoke comes down into our apartment. It's rather frustrating, especially because we are so sensitive to the smell. My boyfriend thought it would be difficult to prove this to a health inspector so we've been dealing with it, with air freshners, and air purifiers. The landlady has no intention of doing anything about it (we did tell her). Recently though we were doing some research and it seems the apartment is in violation with zoning laws and minimum ceiling height requirements for fire safety codes. He thinks that we should bring this to the landlady's attention seeing as she can be heavily fined for renting this place, and have free rent until our lease is up and our security deposit returned. I personally, don't think the landlady will agree to this and if it's an illegal apartment we should report it anyway. The only problem with reporting the apartment is if we aren't correct it will create more bad vibes between us and the landlady. We also don't know how this will affect us with the town getting involved. What would you do? Report it or wait it out? Any advice, suggestions or personal experiences would be most helpful.
1 person likes this
8 responses
@Shellyann36 (11385)
• United States
27 Nov 12
If you report it there is the likely chance that they will condemn it for living and you will be forced to move. I think that if you have a problem with the smoke then you should approach the landlady and ask for your deposit back and move. If she refuses to let you out of your lease just bring up the fact that it is in violation of zoning laws. I don't think I would puprosely cause trouble for the landlady. I believe all that will do is bring you trouble in the end. Move and don't cause waves.
@Shellyann36 (11385)
• United States
28 Nov 12
Perhaps you and your husband should both talk with her at the same time. I would print the local zoning laws and show them to her. If she knew that you are really serious and that you know what you are talking about it could open her eyes a bit.
• United States
27 Nov 12
Thanks for your insight. This would be the best way for everyone I think, but I can't help feeling that she isn't going to see it this way. She's a bit unreasonable and won't even talk about it and just gives me dirty looks every time I see her. I would like to move with as little trouble as possible.
@dream_ozn (1754)
• Singapore
27 Nov 12
Hey dancefor life. It seems like you and your boyfriend are really facing some issues here. Why not just move out of that apartment and find another one?
1 person likes this
• United States
27 Nov 12
That's what I really want to do, but I really can't afford to lose our security deposit either. If we break the lease she'll try and keep it.
@dream_ozn (1754)
• Singapore
3 Jan 13
Hi, Seems like you are really facing a very difficult decision right now? Looks like there's only 2 option for your. Either tolerate and continue staying there or forgo the deposit and move out. If you really need the deposit, then there's no ways except to stay on. Whichever way it goes, I wish you best of luck !
@chiyosan (30184)
• Philippines
27 Nov 12
I think that is quite a decision to be made. you do need to make sure that whatever you have decided, on whether to go report it or not would depend on you as you have to consider the consequences and the relationship that would be broken. i think whatever it is you need to think about is first, how to make everything good and okay first with the owner, i guess you first have to make sure that you try to talk to the person first and make them understand your sentiments. i am quite sure they are going to understand that.
1 person likes this
@Canellita (12029)
• United States
26 Nov 12
What you can do about this situation depends on what the laws are where you live. Have you contacted your local tenants association? They would be able to tell you what your rights are and what actions you can take, but be prepared to move if you make an enemy of the landlord.
1 person likes this
• United States
27 Nov 12
I wasn't aware of a local tenant association, I'll get started looking that up. I don't want to make an enemy of the landlord, but she hasn't left me much choice. According to the laws that we've gone through so far, she can be fined several thousand dollars by the town and fire dept. and have to pay the expenses for us to move, if this is an illegal apartment. I'm really not trying to cause that much grief.
@Canellita (12029)
• United States
27 Nov 12
Good luck with everything, but understand that in this situation there is almost no way to not make an enemy of the landlord. If you take legal action of any kind she is not going to like it.
@jenny1015 (13366)
• Philippines
27 Nov 12
I think that it is necessary for the landlady to know that she should abide by the rules coz she will never know what might happen. Atleast help her realize that her apartment does not meet the standards and that she should do something about it.
1 person likes this
• United States
28 Nov 12
That's going to be our first attempt, trying to let her know why it isn't up to code. Considering her track record though, I don't think she'll be very reasonable.
@xiejiaotu (217)
• Malaysia
27 Nov 12
i think you should move out if you do not wish to report and make things with people worse. but if you want a better environment i think you report it. confuse right, actually i am living in illegal places now too. the place i am staying right now is above shop lots and it should be for business purpose. but the land lord divide it into many rooms with wood block walls only. so just in one floor there are more than 10 rooms can be rented out. it air flow is bad and anything on fire, it can finish it in very short time only. well i know the condition here is not good but i am lazy and this is the nearest place to my college. so stick to my lazy 'sickness' i choose to stay here and will only comment on myself being lazy only.
1 person likes this
• United States
28 Nov 12
I agree with you, but I'm concerned about your situation too. If there's a fire not only are you in danger, but the other rooms around you. What kind of businesses are below you? I hope it's not a restaurant. I hope one day you will move out of there too and good luck.
@Arieles (2473)
• United States
27 Nov 12
There may be laws about how high the ceilings can be, but depending on when the building was built, it may be impossible to change, so it could be "grandfathered in" If the smoke is that bad, I would just move out, because even if you do report it and find out it has been grandfathered in, you could create a bad living arrangement. I hope you can get something figured out soon.
1 person likes this
• United States
27 Nov 12
We were afraid that it might be grandfathered in, but the house was built in the late 1950s. We're afraid of breaking the lease and moving out, because we don't want to have to sue her for our security deposit. It's a lot of time and money that we don't have. Even though we keep the apartment in good condition I feel like she will give us a tough time for breaking the lease. Thank you for your advice.
• India
27 Nov 12
Hi friend, if you are not feeling comfortable with that house, you can find another house for your living. First of all search for a good apartment, after that complain about that lady, it will be good for you, if she asked you to vacate her house. There is nothing wrong in reporting the violations, but we must keep our self safe before complaining, so wait for some time until finding a good house, after that complain about her
1 person likes this
• United States
27 Nov 12
That sounds like a good idea. Then regardless of how things turn out, we won't be in an uncomfortable and sticky situation.