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Can I get back my deposit after renting an illegal basement apartment for a year?
Anonymous4 views2 answers
I have just learned from a broker that my "room" is an illegal basement apartment. After some research it appears that I'm not obligated to give 30 days notice of vacating, even with the current lease ending at the end of this month. The landlord tells me that he will keep the full deposit if I leave without 30 days notice nor find a replacement. Is the landlord allowed to keep the security deposit, or use it for repairs towards the apartment, even though he has rented an illegal room to me?
Richard J. ChertockReal Estate AttorneyMelville, NY ·
Security is specifically for repairs to the apartment left from your occupancy. Even though the apartment is illegal some judges would still allow recovery for damages from the security. He does not have a right to keep the security simply because you do not give him 30 days notice. I suggest you take photos of the apartment being left in good condition then suing in small claims court to recover your security.
Dear Brooklyn Tenant:
Your landlord was never entitled to any rent paid by you, but took your money. Why expect your landlord will see the light of the law now that you are escaping the illegal dwelling he rented to you? Of course, the landlord is not allowed to keep your security. But, likely he will. You are entitled to the security at the end of the lease if you were renting a legal apartment and as you pointed out, you would not need to give notice, since the lease term ends by its own terms.. So why should you expect lease renting an illegal apartment?
Your landlord is not allowed a replacement tenant in an illegal apartment. Why not just alert the authorities to your landlord's illegal business?
And. Yes. You will likely sue this landlord in Small Claims Court to get a judgment for your security.
Of course, now that you know the apartment is illegal to rent and that the landlord cannot sue for rent, why not live rent free as long as you feel safe doing so?
