ILLEGAL LOFT

[remrem]

I have recently signed a commercial lease for a loft space in Queens. It is a private building, single unit. The landlord knows that me and my 3 roomates live in this space. he wants to rent the space as only residential. I would have signed a normal lease if he had come up with one but he had me sign a commercial lease and I did not object.

Winter has come, we have heating problems and the landlord is irresponsible. I want to break the lease. Since the situation is already illegal, does the commercial lease bind me? What is a sound way to go about this?

[Chimera]

Yes, the lease is binding.

[HAJ77]

Have you contacted the LL about the issue via certified mail? Unfortunately, from what I know the city regualtions for heat do not cover commercial space, and besides that bringing the city into the situation would probably lead to your eviction since they won't let you stay in an illegal space.

However, you are bound to the lease, it's a legal document and the LL will claim he didn't know you were living there leading to an eviction from him.

[Cranky Tenant]

Check you rease and see what it says about heat and other services. When I rented a commercial space, it was a 24/.7 building but the LL only provided heat during business hours, and all of this was spelled out in the lease..

If the LL isn't living up to the terms of the lease, you may have some options.

[Chimera]

Even if he is violating the lease, I think you'd have to bring him to civil court. A commercial space isn't covered by housing court, so you don't have many options.