Illegal Apartment Brooklyn NY.... How can I get my money back??

Asked about 5 years ago - Brooklyn, NY

NYC HPD came Friday to inspect my apartment. They could not address the complaint list because of the emergency condition of Illegal occupancy. Meanwhile the vile conditions of mold and mildew continue to spread. I spoke to my landlord who remains unreasonable. I just want my security deposit back ($1300.00). I found a perfect place for me and my daughter but if I don’t give the new landlord two months security and 1 month rent by this Friday, I will lose it. Is there anything you can do to help? Time is of the essence and this single mom is on the verge of a nervous breakdown. Any thoughts or advice would be appreciated. Sincerely thanking you in advance for any help you can offer….

Attorney answers (1)

  1. Brian Stephan Devery

    Contributor Level 9

    Answered . Occupancy of an illegal apartment opens the Land lord up to multiple legal actions. Not only are you entitled to a return of your security deposit, you could be entitled to a return of all the rent you ever paid to the landlord. There may be an offset for use and occupancy but an illegal apartment is worth less than a legal one in the eyes of the court.

    The main issue you seem to have is that you need the money ASAP. These actions would entail a law suit in Landlord Tenant Court in Brooklyn, which is not a cheap proposition however if the apartment is, in fact, illegal you have a very strong case. Please contact me and perhaps this office could draft a letter to the landlord in an attempt to settle the matter far a return of the Security Deposit and/or the possibility of entertaining the law suit.

    Brian Devery, Esq.
    The Devery Law Group, PC
    393 Jericho Turnpike, Ste 208
    Mineola, NY 11501
    (516) 433 - 0480

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