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Ratings. Guidance. The Right Lawyer.
Our landlord rented us a raw space to create a business not permitted by zoning. Are we entitled to a refund of our deposit?
New York, NY
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Posted about 1 month ago in Landlord / Tenant
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The lease was for raw space and rented "as is," although the intended commercial use was spelled out in the lease, the building is zoned for strictly residential usage. We are attempting to get our deposit back because we have been advised that the underlying lease is invalid--a landlord may not rent a building for a purpose that it is not zoned to accommodate. Landlord says that we should have checked the zoning and "as is" covers their responsibility. I maintain "as is" refers to structure, not underlying zoning. We are attempting to resolve this without attorneys. Is there a similar cases I can site to them and/or a specific NYC or NYS law that would clarify this issue once and for all? Thanks.
Answers (1)
Steve Fromm
This attorney is licensed in Pennsylvania.
Posted 14 days ago.
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This is a legal dispute. Even though you probably have a winning argument, you need an attorney to represent you ASAP.
Hope this helps. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. |
