Legal Question in Landlord & Tenant Law in New York

I rented an apt in Yonkers ny.I got behind on rent due to job loss.I tried to get rent assistance but I couldnt because the apt turned out to be illegal.I ended up moving out and am staying with relatives but I cant stay here too much longer.My question is I rented the apt through a realtor and gave him a months rent before I moved in.Since I had to move out because I couldnt get rent assitance could I get my money back from realtor,and from my ex-landlord.Shouldnt I expect an apt I rent from a realtor to be a legal apt?


Asked on 5/27/11, 1:23 pm

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Yes, and I have seen rental agents lose in Small Claims Court and sometimes LL-it depends on the exact circumstances. You could each one a note, and if that fails, take them to Sm Claims Ct. Gather up your docs and see what your contract(s) state. It is a frustrating process-Sm Claims you often end up going back over and over, and they may be too busy. Then, collection is an issue-you are on your own to collect if they don't agree. On the other hand, your ex-LL knows you know the apt is not legal, you could see if someone lives there now (and it is still illegal) so the LL might be willing to work with you. Ditto with the real estate agent-he has responsibilities and agencies to deal with.

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Answered on 6/09/11, 4:49 am


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