What to do if I’m being evicted from an illegal apartment?

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What to do if I’m being evicted from an illegal apartment?

I have a 1 year lease; it’s been 6 months and he’s trying to evict me. I did not violate the lease. I went to the town and they informed me the apartment was illegal. While living here I have endured several plumbing issues and flooding. The landlord hasn’t fixed these problems for 3 months and now is serving me with papers to go to court because I called the town and they are coming to see the house.

Asked on November 5, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, it seems that the landlord is trying to evict you in retaliation for what you did in reporting him or her for renting you an illegal unit. Under the laws of most states in this country the retaliatiory eviction is improper.

You have the option of defending the eviction proceeding yourself, or better yet, consulting with a landlord tenant attorney to defend you in the legal action. Potentially this action can get your landlord in a worse situation with the local governmental entity than he already is in.

Good luck.


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