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?


Asked on 10/28/11, 5:36 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

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.

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Answered on 10/28/11, 6:18 am
Steven Czik CZIK LAW PLLC

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.

CZIK LAW PLLC

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The information provided by Czik Law PLLC (CLP) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. CLP is not taking and will not take any action on your behalf and will not be considered your attorney until both you and CLP 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 CLP on terms acceptable to CLP, you are advised to immediately seek the services of another attorney.

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Answered on 11/01/11, 9:57 am


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