Legal Question in Landlord & Tenant Law in New York
We recently moved to a new apartment (in New York) and signed a 12-month lease. Since signing the lease, we have learned that our landlord renovated our apartment without a permit, and now he faces several building
violations. Now that we know our apartment is illegal, what steps should we take? Is our lease still legally binding? Are we entitled to withhold rent until the matter is resolved?
2 Answers from Attorneys
If he built the building without a permit or certificate of occupancy, that is one thing. If he renovated the apartment that already had a valid certificate of occupancy, that is another thing. In other words, the renovation may be illegal but the apartment is not. Therefore, and based on you question, it is my opinion that you must continue to pay rent.
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.
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