Legal Question in Landlord & Tenant Law in New York
Landlord Tenant
I recently rented a basement apartment in a new house. I thought that the apartment was legal, but to
my dismay two weeks after moving in, the Landlord told me that I have to vacate the premises because the apartment is illegal and she has to put the apartment back to its original condition.
She had gone to court about the apartment before I move there and did not correct the situation. Yet she listed the apartment with a broker.
My question is I had to pay a broker one month rent to get the apartment. Can I deduct the months broker fee from the Landlords rent, because even thought the broker told me that he would find me a new apartment, hhe has not been able to do so, and I have to register elsewhere.
1 Answer from Attorneys
Re: Landlord Tenant
The Court will not enforce an illegal rental agreement. Therefore, if you fail to pay rent the landlord will not have a legal remedy to enforce the lease.
In any event, since your apartment is illegal the Court may issue a warrant for your removal.
Mike.
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