Legal Question in Real Estate Law in New York

Lease Termination/Security Deposit/Broker Commission

I just found out that the apartment I live in is illegal because it does not have the proper permits with the town in which I reside. I was charged a broker's fee from the real estate agency, am I entitled to a refund of the broker's fee seeing that this apartment is illegal?

A lease was signed when I moved in, but is it now null and void because the apartment is illegal?

How do I go about getting my security deposit refunded from the landlord?

Thank you for your time and effort in helping me with this matter.


Asked on 4/26/02, 8:25 pm

1 Answer from Attorneys
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Lease Termination/Security Deposit/Broker Commission

Your argument would be that the lease is void due to illegality. Nassau/Suffolk Courts rarely waive rent due solely to lack of permits. Conditions (i.e. basement may equal fire hazard) may go to value but figure to pay something for the time you remain. The broker may have some liability based on what should have been superior knowledge. You are welcome to call me at 516-780-0270 if you want to take this further

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Answered on 4/28/02, 4:15 pm


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