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illegal apartment

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illegal apartment

Postby ergate » Tue Jan 28, 2003 10:27 pm

Recently we have found out that our apartment is illegal (the court papers were delivered to my apartment by mistake, rather than the LL). We want to move out, but we have signed a lease. Can we break this lease? where can I find out what sort of rights I have in regards to getting out of this apartment?
Thanks
ergate
 
Posts: 4
Joined: Tue Jan 28, 2003 2:01 am
Location: Bronx

Re: illegal apartment

Postby jot0n0 » Wed Jan 29, 2003 10:03 am

Another member by the name of Sabrina posted a similar question below under the topic "Illegal Conversion". In this case it sounds like the housing court is already aware of the illegal apartment and sent notice to LL to cure which would mean LL would have to evict whoever is in the illegal apartment or apply for a Certificate of Occupancy before he can legally collect rent. You might want to discuss this with your LL first on what his intentions are, if he doesn't plan to apply for a C of O or cannot due to local zoning variances, then your lease is null & void.
jot0n0
 
Posts: 215
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Location: NYC

Re: illegal apartment

Postby ergate » Fri Jan 31, 2003 3:36 pm

Thanks for the input.
I spoke with a lawyer and explained the situation. I was basically told, that if what I explained is correct and I have my documetation, that the lease is not legally binding (it is null and void) until the Certificate of Occupancy is correct.
thanks
ergate
 
Posts: 4
Joined: Tue Jan 28, 2003 2:01 am
Location: Bronx


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