Legal Question in Real Estate Law in New York
Witholding security in an illegal one family.
Spent 14 months in apt without lease. Paid cash monthy on time. Six mths ago used BBQ to close to house. Melted 4 panels. Landlord was re-doing home and led me to believe not serious, not to worry. Upon leaving, landlord claimed no knowledge of returning security. So much so I was escorted out by 5 police and was refused $500 of the $750 for damage from BBQ. Told to retrieve money in court. Is it true that if you prove home is listed in boro hall as one family no separate unit, landlord can be forced to pay all monies back from inception of rent?
1 Answer from Attorneys
Re: Witholding security in an illegal one family.
In a word, No. While a landlord may be barred from proceedings to collect rent where the premises is occupied without a proper cert. of occupancy, the tenant cannot recover money voluntarily paid.
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