Can I recover all the rent I paid if I live in an illegal apartment?

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Can I recover all the rent I paid if I live in an illegal apartment?

I live in an illegal apartment and was told I can recover all the rent I ever paid? I have no lease and pay cash on a month to month basis. Due to a falling out, I would like to prevent the landlord from taking advantage of anyone else.

Asked on December 21, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Whether or not you can receive the return of the rent paid for an illegal rental that you occupied from your landlord depends upon what your state's statutes say on such a topic or if there is a local ordinance in the city or county where the unit is located that allows you to recover some or all of your rent from the landlord if you lived in an illgal apartment.

The first thing that you need to do is find out if there is a statute or ordinance in your state and locality allowing the return of rent paid by a tenant for an illegal unit. If so, you need to carefully read the statute and ordinance to see if it applies to you. Secondly, you need to see what "illegality" gives the tenant or former tenant the right to receive the return of rent paid and if the "illegality" applies to the rental you occupied.

I suggest that you consult with a landlord tenant attorney further about your question.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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