Legal Question in Landlord & Tenant Law in New York
Illegal Apartment
I recently rented a basement apartment. I have no lease and no receipts except my checks that I paid with. The landlord did the work on the apartment without a work permit. He knew that the apartment was illegal and he did not tell me this. Now I have to move. He listed the apartment with a broker and I rented it, not knowing the facts. I paid a brokers fee to get the apartment, now the broker is refusing to return my fee. Can I deduct my brokers fee from the rent before I move, without been penalized in a court of law.
2 Answers from Attorneys
Re: Illegal Apartment
You do not HAVE to move. not yet at least. Landlord cannot force you to move unless he starts an action in housing court, obtains a judgment of possession and a warrant of eviction signed by a judge. You also may be able to receive rent credit or rent abatement based on the conditions. Your cancelled checks are sufficient proof to show that you are at least a month to month tenant and you do have rights!!! This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Law Offices of
STEVEN J. CZIK, P.C.
101 Avenue of the Americas, 15th Floor
New York, New York 10013
212.413.4462
The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.
Re: Illegal Apartment
If you are completely sure that your basement apartment is illegal then you do not have to pay rent and the landlord is not entitled to it! Moreover you do not have to move until the Court orders you to do so , so save the money from the rent you would have paid to relocate to a legal premises. Bear in mind that most basement apartments are illegal. If a broker or an owner claims that the apartment is legal then ask to see the multiple dwelling registration number issued by the Housing dept. As far as the broker's fee, if and I say if- you have absolute proof that the broker knew that the basement apt he rented to you was illegal, take him to small claims court to recover his fee.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
