Legal Question in Landlord & Tenant Law in New York
I have been living in my apartment for just about 3 years - my landlord has refused to give me a notorized document to enroll my child in school (verify residence)
and he is now refusing to give me rental payment history (trying to get a new apartment) ... apparently apartment is illegal and he doesn't want to be fined
he has removed my stove, and door to my apartment for when town inspector comes (apparently someone has reported him) - it is now 3 months later and I still have no stove or door - he sent me a "30 day vacate" to be out my Aug 25th - I advised him I could not move in 30days and he said he would take it to court - at which time I said, please do I would love to see this in court .. there is so much more he has done -too much to list at this time- and I have since stopped paying rent ( I did however have to stay in a hotel for 2 nights this past weekend because toilet broke) and he refused to fix it - so I returned on Monday hired a plumber and had it fixed ( $200 for hotel, $200 for plumber) my rent is $850
but I do not intend to pay Sept rent, I am hoping to be out end of month but his refusal to provide what I need is becoming a problem
what can I do? can I sue him ? please advise...thank you
2 Answers from Attorneys
A judge will not enforce a contractual agreement for an illegal apartment. Therefore, I do not know of a claim you may have against the landlord. Likewise, the landlord has no monetary claim against you.
The landlord's 30 day notice should be for 1 month - not "30 days". Therefore, if his notice requires you to vacate by August 25 (instead of August 30), I would think that the 30 day notice is defective.
You do not have to vacate an apartment until there is a Judgment of Possession and Warrant of Eviction issued by the Court.
Of course, your best bet is to find alternative housing and leave.
Mike.
We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Gordon
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