Legal Question in Real Estate Law in New York

Renting a house in Brookhaven, LI

Have to clarify my original ?

I am renting a house w/a 1 year lease. This has been a disaster from the gitgo & the bottom line is ''I WANT OUT'' of my lease. Have come to find, thru the internet, that landlord must have a valid rental permit in place prior to renting any property, according to town code. Needless to say, such a permit does not exist. (I checked!)

Renting broker(I paid 1 mo. commission) is equally responsible to verify a rental permit is in place prior to taking a rental listing.

Also, landlord is claiming a Sr. exemption as well as an enhanced Star exemption on this property. Totally illegal, as property must be OWNER OCCUPIED in order to claim these exemptions. My question is, I suppose, do I have a valid lease? I am of the opinion that since this lease was illegal upon signing I am free to leave at any time. I do realize that, illegal or not, as long as I occupy the premises I am obligated to pay rent, which I have done as per the ''illegal lease'' provisions.

Comments, please.


Asked on 10/19/06, 4:02 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Renting a house in Brookhaven, LI

Try to settle this matter amicably. Avoid complicating the matter by introducing the owner's tax filing status or other misc info.

Suggest that you TALK to the premise owner and tell her/him that you will be leaving in 30 or 60 days. Tell her that you don't want any trouble or Court Action. You just want to leave, as quietly and peaceably as possible.

Tell owner that your review of the town code, indicates that your rental is illegal and may incurr penalties, that you do not want to chance.

Ask owner to countersign "Lease Surrender" doc.

Tell owner you believe you should be able to recoup your security deposit and the broker commission, before you leave, due the illegal rental and/or your costs. (But, don't make an issue of anything, except that you are leaving).

If necessary, Follow up with a written Notice that you will be leaving on a date certain, "for cause."

Also, Expect owner will try to show the place to others. Do not do or say anything to anyone that could affect owner's ability to rent, or sell the premises.

Good luck,

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Answered on 10/21/06, 7:49 pm


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