Can I get evicted from my apartment if my landlord fails to provide heat?

I’ve attempted to contact the landlord over the past 2 weeks. I’m on a month-to-month verbal agreement in a 2 family house. The landlord was cited because of some code violation.

Asked on October 31, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Potentially you can be ordered out of your rental by a governmental entity due to the landlord's failure to provide safe and habitable housing to you including the provision of heat.

However, if you are ordered out of the unit you are rental due to code violations by a governmental entity, the landlord is obligated under the law to provide you with alternate housing pending the necessary code corrections at his or her own cost.

In the event that you are ordered out of the rental, you should consult with a landlord tenant attorney.

Good luck.

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