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I live in Nassau County - illegal apartment- does home owner have to go through courts for eviction?

Massapequa, NY |

I am having a huge problem with landlord, I have been here almost 3 years and I have always paid my rent on time, sometimes early the apartment is illegal, does he have to take me to court to have me evicted?
problems started approx 6 months ago when I asked him for a notarized letter to verify I live here, and a copy of tax bill so that I could register my child in to kindergarten - since then he has been giving me nothing but problems, someone reported the illegal apartment so he removed my door and stove (stove removed 3 months ago)
he sent me a 30day vacate for Aug 25 .. what rights do I have? I am withholding rent in a separate account until this is straightened out - he has said he will take me to court if I do not leave, but I have yet to get anything from him or from a court

I entered into a pre possession agreement with the buyer of my home who took possession prior to transfering title. She is defaulting on the contract of sale and is in arrears with rent owed pursuant to the possession agreement. Is in necessary that I follow the proper eviction process if the agreement states that a landlord tenant relationship is not created?

Attorney Answers 1

Posted

The court will not enforce his eviction since the apartment is illegal. In fact he might have a very heavy fine for renting to you. Suggest you look for another place and if he ever does file a suit against you for unpaid rent, you can claim 2x the security deposit. Report him NOW for removing the stove which is a violation of the health code.

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LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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