Legal Question in Landlord & Tenant Law in New York
Is lease legal in an illegal Apartment
Is a lease binding in an illegal apt?. If security is not returned can I threatin to report an illeagal apt. to village? If their is no damage and I have dated Photos should I worry about Sec. Dep. being returned? Can I threatin to stay not pay rent and change locks untill Sec. Dep. is returned? What steps can I take besides photos and video to ensure my Security deposit is returned? The lease states no space heaters, But landloard saw one in closet ''not pluged in'' from my previous apt. can they keep Sec. Dep. for that? It did no damage it was never used here. Thank You!
2 Answers from Attorneys
Re: Is lease legal in an illegal Apartment
A lease is not binding in an illegal apt. If landlord does not return deposit, take him to small claims court and expose him there and then to building dept. I know the rent is prob good but make sure you are in a safe apt. (No fumes, mold,able to exit in a fire, etc).
You can not stay and not pay rent or change locks.
Re: Is lease legal in an illegal Apartment
A lease is not legal for an illegal apartment. On the other hand you have no right to live in an illegal apartment either. Also I'd be careful about threatening to report the apartment. It is illegal to threaten to prosecute a claim in order to gain an advantage in a civil proceeding. If you are going to report. Don't threaten - just report. But also be prepared to move because you will be forced to do so.
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