Is it legal to rent a condemened house?

Asked over 2 years ago - Newark, NY

My landlord never told us house was condemned over a year ago, we moved in 6 months ago. we found out and had to leave. He never told us and wont give us back our security. we have 2 young kids. what are we entitled to

Attorney answers (2)

  1. Hayley R. Greenberg

    Contributor Level 16

    3

    Lawyers agree

    Answered . Why won't the landlord give you back your security? You are entitled to get it back unless you have different terms in your lease. You MAY be able to get additional damages dueing to have to leave early (assuming you had a lease longer than 6 mths)

    You should contact an attorney to discuss your questions as additional information would be helpful.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Free phone consultation Monday — Thursday 1-5 pm.
    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
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  2. Steven Warren Smollens

    Contributor Level 20

    Answered . Dear is it legal to rent a condemned house?

    Perhaps I may offer an answer.

    It is not legal to rent a condemned house. New York State law mandates regardless of the form of lease for renting residential property, an implied Warranty of Habitability, that the landlord cannot evade by an agreement with the tenant. In sum and substance the statutory Warranty of Habitability provides that a landlord of any rental of residential premises is deemed to covenant with the tenant that the premises are fit for human habitation and that there are no conditions in the premises that render the home dangerous detrimental and hazardous to the tenant (and the tenant's family) life health and safety.

    Your attorney may argue that the lease made by the landlord is void agreement as no condemned house could be leased for residential use and that the landlord committed a fraud in the inception of your tenancy by foisting upon you and your family a condemned dwelling while pretending it was a fit home. Because the lease is void at the beginning the landlord was not entitled to a security deposit and certainly cannot legally refuse to return your deposit.

    Read about filing a Small Claims Court case in Wayne County, New York at:

    http://nycourts.gov/courts/townandvillage/pdfs/...

    For more check out:

    http://nycourts.gov/courts/7jd/courts/s&c/

    The statutory Warranty of Habitability is found at New York Real Property Law Section 235 - b and states in pertinent part:

    "***§ 235-b. Warranty of habitability. 1. In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.
    2. Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy.
    3. In determining the amount of damages sustained by a tenant as a result of a breach of the warranty set forth in the section, the court; (a) need not require any expert testimony;***"

    The answer provided to you is in the nature of general information. The general proposition being that you should... more

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