Legal Question in Real Estate Law in New York
living in a illegal apartment
I just find out my apartment is illegal. I Live in a 2 family house with 6 apartments. There are numerous fire violations codes which has been dated for over ten years.
Basically my landlord rented the apartment to me when she was fully aware that it was illegal and compounded in violations. Whats my legal options
3 Answers from Attorneys
Re: living in a illegal apartment
What are you looking for?
If there are violations, you may, if you wish, file a complaint with the building inspector.
If you want to move, speak with the Landlord, and ask for your security back before you move, and don't file a complaint. If the apartment is illegal, the lease is probably unenforceable, but I would have to see it to be sure.
Re: living in a illegal apartment
It really depends on what you are looking to do.
Re: living in a illegal apartment
You should move out of a firetrap immediately. You can claim breech of contract and request moving expenses and any broker's fees paid moving in or out. You may be able to claim the difference between old rent and new rent if a "like" apartment is more expensive. Or, depending on where you live, you may be able to pay your rent into court until violations are cleared.
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