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  1. #1
    Join Date
    May 2016
    Posts
    1

    Default Getting a Deposit Back After Moving Out of an Unsafe, Possibly Illegal Rental Unit

    My question involves landlord-tenant law in the State of: New York

    Hello,
    My question involves my need to immediately collect security deposit and move out asap from an apartment I highly suspect is illegal, and is most definitely uninhabitable. I moved into this basement apartment that is part of the landlord's house just one year ago. There is no lease, and so it is considered month to month. I came here from New Jersey in order to help me daughter who was very ill at the time, so I took the first thing I found. Since moving in I have issued the landlord - in writing - many requests for a working stove (finally rec'd), the infestation of bugs, the unsafe condition of losing power often when the refrigerator kicks on, and most recently the back up of sewage into my bathroom. Landlord controls the utilities, and often keeps my mail for weeks before I receive. The response I get is in broken English, "You complain too much. You no like, you move." The sewage back up is the final straw. I must move out for my health, but having always paid my rent on time and having just paid this month's rent, I will desperately need my deposit back to move. What are my rights, and can I ask him to show me a C.O.? What are my rights if he has never had a C.O? I am hoping that this might be a bargaining chip so that I may receive my security deposit back immediately after inspection so that I can afford to move. Appreciate any advice.

    Kind Regards,
    onewaytix

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Uninhabitable and Suspect Illegal - Need to Move Out Asap

    Do you really expect your slumlord to give you your security deposit back? You'll probably have to sue him. But you'll lose if you don't follow the landlord tenant laws.

    Read them at:

    http://law.justia.com/codes/new-york...rpp/article-7/

    As for a Certificate of Occupancy, I think you are dreaming if you think he will cooperate about that. I suggest you call the city building department, report your suspicions, and ask for an inspection to determine if the apartment is legal. If it's not legal, the city inspector will order you to leave and then you can sue the landlord for the security deposit and rent refund.

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