Tenant Gets Costs for Moving from Illegal Apartment

October 9, 2012

LVT Number: #24354

Former tenant sued landlord for one-year’s rent she paid for an illegal basement apartment, along with her security deposit and moving costs. Tenant had paid $1,400 per month in rent. The building was a one- or two-family dwelling with two additional illegal apartments. No landlord-tenant relationship can exist where there's an illegal apartment. Landlord therefore can’t sue tenant for unpaid rent. But tenant, in turn, can’t sue landlord for rent paid because she could have checked on whether the apartment was legal before she moved in.

Former tenant sued landlord for one-year’s rent she paid for an illegal basement apartment, along with her security deposit and moving costs. Tenant had paid $1,400 per month in rent. The building was a one- or two-family dwelling with two additional illegal apartments. No landlord-tenant relationship can exist where there's an illegal apartment. Landlord therefore can’t sue tenant for unpaid rent. But tenant, in turn, can’t sue landlord for rent paid because she could have checked on whether the apartment was legal before she moved in. Tenant was entitled to the return of her $1,200 security deposit and to $4,400 for moving costs incurred to vacate the illegal apartment.

Acquino v. Ballester: 2012 NY Slip Op 22267, 2012 WL 4210454 (Civ. Ct. Richmond; 9/19/12; Straniere, J)

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