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Old 07-29-2008, 04:28 PM
 
10 posts, read 37,124 times
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I was told recently that if you live in an illegal apartment in NYC that the tenants are able to sue the landlord for the rent that has been paid already. Does anyone know if there is any truth to this?
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Old 07-29-2008, 04:54 PM
 
34,097 posts, read 47,302,110 times
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this type of case is called an ejectment case.
the landlord loses the apartment and you lose your rent
simple as that. essentially its illegal money the LL is making off of you.
so you're not entitled to receive it back, since there's no way to prove that you didnt know the apartment was not illegal.
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Old 08-25-2008, 11:17 AM
 
1 posts, read 10,422 times
Reputation: 11
Thumbs up Landlord/Tenant

Quote:
Originally Posted by nyhcgirly View Post
I was told recently that if you live in an illegal apartment in NYC that the tenants are able to sue the landlord for the rent that has been paid already. Does anyone know if there is any truth to this?
I recently spoke with a landlord/tenant attorney and he told me that it would be difficult to sue the landlord because you cannot conclusively prove that you did not know the apartment was illegal. On top of that the landlord can ask for what is called "use and occupation" of the apartment. They also cannot evict you without letting the court know that they have committed a crime by renting an illegal residence.
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Old 11-12-2008, 11:56 AM
 
1 posts, read 9,989 times
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but what if you were able to prove that the apartment was illegal?
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Old 11-12-2008, 12:05 PM
 
Location: Brooklyn
821 posts, read 1,040,003 times
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Quote:
Originally Posted by JJCOLA View Post
I recently spoke with a landlord/tenant attorney and he told me that it would be difficult to sue the landlord because you cannot conclusively prove that you did not know the apartment was illegal. On top of that the landlord can ask for what is called "use and occupation" of the apartment. They also cannot evict you without letting the court know that they have committed a crime by renting an illegal residence.
Also Judges ususally side with the landlord. Money talks baby!
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Old 10-12-2009, 01:04 PM
 
1 posts, read 8,406 times
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if landlord decides to evict you how long can that take and if apartment is illegal can they get money owed from tenant
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Old 10-12-2009, 08:43 PM
 
12,766 posts, read 18,381,699 times
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Just buy. Don't have to deal with all the illegal/legal nonsense.
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Old 12-27-2009, 05:55 PM
 
1 posts, read 7,918 times
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I just found out that my apartment called a "cellar" is illegal. We now have to vacate the building. Is there help out there to find an apartment on such short notice?
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Old 12-28-2009, 11:49 AM
 
1,014 posts, read 2,888,779 times
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Quote:
Originally Posted by soulsister110 View Post
I just found out that my apartment called a "cellar" is illegal. We now have to vacate the building. Is there help out there to find an apartment on such short notice?
Yes. Craigslist. Also, any number of real estate brokers would love to help you find a place.
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Old 12-28-2009, 10:11 PM
 
582 posts, read 763,611 times
Reputation: 118
talking about illegal apts in NYC, an owner of a building told me that renting a basement is illegal. Is that true?
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