Tenant Can't Recover Rent Paid for Illegal Apartment

November 15, 2012

LVT Number: #24425

Former tenant sued landlord for the refund of rent paid for an illegal apartment, along with her security deposit. Tenant also sought $4,400 in moving costs. Except for the security deposit, the court ruled against tenant. Tenant can't recover rent paid to landlord for one year since she could have checked whether the unit was legal before moving in. But tenant was entitled to her entire security deposit since the apartment was illegal and so unsafe that a vacate order had been issued.

Former tenant sued landlord for the refund of rent paid for an illegal apartment, along with her security deposit. Tenant also sought $4,400 in moving costs. Except for the security deposit, the court ruled against tenant. Tenant can't recover rent paid to landlord for one year since she could have checked whether the unit was legal before moving in. But tenant was entitled to her entire security deposit since the apartment was illegal and so unsafe that a vacate order had been issued. And tenant could commence an action against the real estate broker who placed her in the apartment based on its failure to check the legality of the premises.

Acquino v. Ballester: Index No. 4695/12, NYLJ No. 1202573267126 (Civ. Ct. Richmond; 9/19/12; Straniere, J)

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