Legal Question in Landlord & Tenant Law in New York
Can Lanlord sue for back rent for illegal apartment
I found out from the Town of Brookhaven in Suffolk County, NY that the 2 family house I am renting is not legal. There is a tenant whom lives downstairs as well. Upon moving into this house 3 months ago the Landlord promised to replace the kitchen. The Landlord stated it would only be 2 weeks for completion. Halfway thru replacing the kitchen (2nd week after I moved in) there was an issue with the landlord and the handyman involving payment. Work on the kitchen has since stopped leaving me with an uncompleted kitchen with no sink just scattered cabinets and a stove and a fridge. I have held back the rent for the past 2 months (I paid the landlord first months rent and a months security) for hope the kitchen would then be completed. (I have to strain pasta over a toilet and wash dishes in my little bathroom sink compelling my family to eat out most nights) My Landlord has now served me with court papers for non-payment of rent for the past 2 months. I don't want to live here anymore and I am willing to move as soon as I find a place (within 30 days I presume) Can my landlord sue and win for back rent I have with-held even though the home is an illegal 2 family? I already called the Town and they are sending an investigator out.
1 Answer from Attorneys
Re: Can Lanlord sue for back rent for illegal apartment
Your landlord can certainly sue you for back rent, However, retaining an attorney would greatly increase your chances of having a much better settlement worked out where you could probably pay substantially less to your landlord and possibly nothing at all. 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.
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