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Ha. You guys are funny. A) the point of the thread is to look for helpful insight B) didn't your mother ever tell you that if you have nothing nice to say, don't say anything at all? Thank you to the people that actually had helpful information. To the others, have fun trolling the internet in the middle of the night, in your parents basement.
To my limited understanding you could stay there until the marshal's come to evict you out. He can serve the notice, however if you don't leave because you can't find a new apartment he has to go to court and I believe the courts might side with you when given the explanation, and let you stay there till you find a new apartment.
However talk to lawyer and get sound legal advice on your options
if the apartment is illegal then they are not living up to their side of the lease, which in turn makes our lease null and void, which means I have no obligation to pay rent
So, as someone else said, you basically want to have your cake and eat it to. In one sentence, you claim that by your logic the lease is null and void, and in the same breath you talk about how since the lease runs through the end of June, you want to stay until the end of June.
To address your overall question, yes the landlord can have you evicted. However, this is a very long and drawn out process in NYC. I would be incredibly surprised if it happened before June 30th in the first place (although I will add as a caveat that I don't know if the illegal status of the apartment may change that).
So if you really want, just tell the landlord that you aren't paying any rent, but you will happily leave without a fuss on June 30th. He will likely still begin eviction proceedings however, just to get the ball rolling in case you don't leave as agreed, but he can drop them as soon as you're out.
I don't know what is making your unit illegal, and depending on the exact circumstance, this is a really prick move, but there it is.
Op - you might think you are getting one over on the landlord, but keep in mind if you end up in housing court you can find yourself on a blacklist. This will limit your future opportunity for renting an apartment.
Ha. You guys are funny. A) the point of the thread is to look for helpful insight B) didn't your mother ever tell you that if you have nothing nice to say, don't say anything at all? Thank you to the people that actually had helpful information. To the others, have fun trolling the internet in the middle of the night, in your parents basement.
Didn't your mother ever tell you if you see a troll on the internet, that you shouldn't feed it? You're not really helping yourself out here by replying to comments that you don't like. The proper thing to do is ignore those comments and not start some childish insults about people posting from their parents' basement.
Come to think of it... you are the one who is living in a basement for free.
I have a right to live there because my original lease ran through June 30th, the LL has the obligation to keep the apartment I live in or any apartment habitable, if the apartment is illegal then they are not living up to their side of the lease, which in turn makes our lease null and void, which means I have no obligation to pay rent. I am looking to see if I can take further action against the landlord for them illegally attempting to evict me.
Yes, you are right, the apartment is illegal, it is NOT habitable, the lease is null and void and you have to leave immediately.
You cannot live in an illegal apartment, it is dangerous to you all, especially the child and your pregnant wife - Move! You cannot have the cake and eat it too. What makes the apartment illegal?
This revelation occurred in February, we started withholding rent (to the present owner) in March. The present owner had collected rent for 6 months prior to us finding out the apartment was illegal.
If you lived there you have to pay, before you find out, nonetheless.
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