Tenant rights in illegal conversion???

[bigkim11]

I rent an apartment in an illegal conversion in the Bronx (one family house converted to two). I need to move out within about a week and I have no lease or written agreement of any kind with my landlord. He is threatening to keep part of my security deposit to cover the time period when the apartment is uninhabited (until he gets a new tenant). For one, I thought that since we had no formal agreement I wasn't obligated to give him advance notice, and for two, the apartment is illegal so I thought his rights would be very limited. Does anyone know who is in the right in this situation? Does he have a right to keep my security money, even though the apt is illegal? Any help would be appreciated.

[Anna]

In NYC, a month-to-month tenant does not have to give LL any notice at all, RPL 232-a.

If Ll keeps your sec dep, use illegality as leverage to convince him to refund it.

Sue in Small Claims if he doesn't. Report illegal apt to Dept of Buildings (call 311) whether he gives you trouble or not. Illegal apts are dangerous by definition.

[bigkim11]

Thanks so much. I can definitely use the illegality as leverage. I looked up 232-a and I saw that it says the landlord must give the tenant 30 days notice...but didn't see anything saying the tenant is not required to give notice when leaving. Can you tell me where to look? I just want to be armed when I leave next week if he gives me a hard time (which I expect).

[Anna]

asked and answered way too many times in these forums!
click search, set to 'all open forums', type m-t-m, month-to-month, 232-a, etc.