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Can I get my money back after paying rent on an illegal apartment?

Bankruptcy and Debt 10 views 2 answers
I just recently found out from a housing inspector that my apartment is illegal. My landlord and I signed a lease that ended in February of 2013. The lease was something he downloaded and printed off the computer. He is now selling the house and has it listed as a 1 family. The inspector I spoke to informed that the apartment is in fact illegal. Being that I was unaware until recently, can I take my landlord for court to get my money back for the past 12 months that I have payed for? Also the landlord has been nothing but problems. I don't have access to my own heat or hot water so for the past year I have been fighting him for it. Plus because my kitchen pipes are not legally installed my apartment has been flooding ever since Sandy and he refuses to help, just like he did when i had mice

Attorney Answers

2
Eric Rothstein ·
No, you can not recover the rent you already paid. However, if the apartment is really illegal then if you still live there you can stop paying and while the landlord can evict you, he won't be able to collect back rent. Just be sure you want to leave because you will get evicted if you don't pay the rent.
0 upvotes
Steven Smollens ·
Dear Staten Island Tenant: New York State does not have a statute that allows a tenant to recover rent money paid to a landlord who rented an illegal apartment to the tenant. New York does protect a tenant caught in an illegal apartment from being sued for rent that the tenant did not pay. But you are in a good situation notwithstanding the "law." Your attorney may bring a lawsuit on your behalf and sue for the return of your rent money on grounds of fraud, breach of contract, illegal contract, and similar causes of action and file a notice of pendency. The landlord will likely settle with you in order to sell the house. Good luck.
0 upvotes

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