Legal Question in Landlord & Tenant Law in New York

Hello:

I signed a nonrefundable agreement and left a deposit for an apartment in Brooklyn, New York with a rental agency. I have confirmation from the Department of Buildings, Housing and Preservation Department, utility company and property manager that the apartment does not have a Certificate of Occupancy. The rental agency will not refund my deposit because he believes as long as everything is working I can still move into the apartment. I have been strongly advised by the aforementioned authorities not to but move there but now I cannot get my deposit back. Does the rental agency have a legal right to keep my deposit?


Asked on 9/13/10, 4:20 pm

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

When a CO is missing, the LL (in this case rental agency) does not have rights someone with a CO has. The apt was never legal to rent-hence, no deposits should be due. Some judges even award the tenant free rent for all the time they spent there, some use "quantum meruit" (a reasonable value-what should rent be on an illegal apt?).

Try working it out first. If they don't agree, sue in Sm Claims court for triplicate damages-that will wake them up.

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Answered on 9/18/10, 6:16 pm


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