Is a Lease Null and Void if C of O Cannot be Furnished?
I’ve been living in my Williamsburg loft for the past 5 years and never have my landlords been so interested in renovating our space and the common areas (new skylights, new sprinklers, fire door installation, security cameras, etc.) until now. I believe this renewed interest was prompted by the construction of a new grocery store…
I’ve been living in my Williamsburg loft for the past 5 years and never have my landlords been so interested in renovating our space and the common areas (new skylights, new sprinklers, fire door installation, security cameras, etc.) until now. I believe this renewed interest was prompted by the construction of a new grocery store on the ground floor of the building, which has gained a lot of attention due to numerous building code violations.
All points lead me to believe that my landlords have been operating without a proper certificate of occupancy since the beginning and now are attempting to correct all structural problems so as to receive one. I double-checked my original lease (which is clearly a residential lease) but if the lease is for addresses that do not technically exist (because they don’t have certificates of occupancies) is the lease null and void? Is it basically a fake lease? Do I have to pay rent if my landlord can’t/won’t furnish a certificate of occupancy?
I also read an article on a different property that involved a tenant who didn’t pay rent because of a lack of CO but the landlord was able to sue for back rent because it was proven that the landlords were making attempts to receive a CO, which often is a lengthy drawn out bureaucratic process.
Now that my landlord is attempting to renovate the building to code is it even worth using the lack of a CO as leverage to not pay rent?
What’s with the credit hysteria? I’m pretty sure that in NYC your credit can’t be affected for not paying rent- you simply get evicted. If court finds that you owe money, landlord can take many different actions to enforce the judgment but getting it on your credit report is not one of them.
The appropriate place for you to find out information about your building’s status is at the NYC Loft Board. I’d give them a call or pay them a visit. There is a procedure for legalizing lofts, and tenants have some input into the work that gets done to obtain a CofO since the LL is entitled to charge back a percentage of the repairs.
THE RENT IS TOO DAMN HIGH!
I don’t think any court is going to roll over and let you arbitrarily have a huge windfall because your landlord may have done something illegal that had no actual impact on you. Even if your lease is invalid, you don’t get to just keep availing yourself of the apartment without paying for it. It’s not like winning the lottery. You don’t actually seem to have anything to complain about, so, good luck convincing a judge you deserve to stop paying rent.
yes, get out
you really do seem like an a**hole.
“Maybe the money stopped coming from mommy & daddy”
ding ding ding!
The way it works (without judgment):
1- you stop paying your rent without any legal advice, your LL commences a holdover petition, you’re out in about 3-5 months. A judge will not be sympathetic to your argument, as the lack of a proper COO doesn’t entitle you to free lodgings for life – I know, so disappointing. You owe the back rent, your credit and rental history is mud.
2- you talk to a lawyer, and find a way to blackmail your LL into lowering your rent after putting your rent payment in escrow and a costly battle. Only you can define how good a deal you have, and whether it’s worth it to antagonize your LL. Dangerous, and could backfire.
3- you’re tired of living in this tinderbox/rathole/shitty apartment (cross off as necessary); the lack of a valid COO can cancel out your lease, and you get to move out whenever you want. Your LL will probably let you go without too much discussions/aggravation.
The loft laws have just been applied again, so your LL HAS to upgrade the building to comply with code. If you have a great deal, you’ll want to hang out, your place is about to get upgraded. If you’re paying a lot, you may not want to live through renovations, and can move out at will. I definitely do not recommend the live/don’t pay option. Lots of trouble, little upside. The best that could happen is your LL lets you go in a negotiated deal, where you get to stay for 3/4 months for free, to avoid a protrated battle. This will potentially screw your rental record and put you on a black list.
Um, are there any real reasons not to pay your rent? Safety, poor building maintenance, no heat etc. or just this?