Rental of an apartment with no cco

Asked by Msdps37, Brooklyn, NY Wed Mar 27, 2013

We rented a house with an adjacent business space used by the landlord. He failed to give us yearly statements of our security, never gave our security or an itemized list when we moved, AND we discovered he never obtained a cco (which is required by our town) additionally, upon moving we discovered that he was using an electric meter that we were paying for. Does he have the right to pay for 1/2 month rent when we were moving out, plus double for not moving all items out on time if he did not even have a legal apartment?! Does that make our lease null and void?!

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Msdps37, Home Buyer, Brooklyn, NY
Thu Mar 28, 2013
Great thank you for your answers; I appreciate it! :-)
0 votes
Jennifer Wil…, Agent, Orange, CA
Thu Mar 28, 2013
The owner not having a cco from the town does not necessarily void your lease. If he rented the apartment without one, he may have to pay a fine to the city, but that most likely is the end of the matter. It probably does not affect the details of your lease, which is a contract between landlord and tenant.

As far as the charges he is taking against your security, it varies greatly. Landlords do have a right to deduct for moving items out of an apartment, but that how much depends on how many things were left, if he had to pay to get them removed, etc.... He MAY have overcharged, but its hard to say without all the details.

Now you do have a right to obtain any money that you may have paid to electric company for services that you did not utilize. Paulo Quintela has good advice, talking to an attorney is the only may to proceed with any action and find about just what your rights are in this matter.

Good Luck!
0 votes
Paulo Quinte…, Agent, Elizabeth, NJ
Wed Mar 27, 2013
Based on your lease starting date you are to pay rent even if you don't move in and out there's a contract to follow.
As far as the CCC is not really up to you to argue about but the city. Anyway always confirm with your attorney
Your argument should be about electric bill only..my 2. Cents but don't quote me on it.
0 votes
Msdps37, Home Buyer, Brooklyn, NY
Wed Mar 27, 2013
We had a lease, but my question is, can he charge us rent for items not moved in time, on the basis of the lease, when, in reality, the lease was based on a rental of a legal apartment which is not what we had. There was no cco ever obtained for our rental.
0 votes
Paulo Quinte…, Agent, Elizabeth, NJ
Wed Mar 27, 2013
The best answer to your situation is a local attorney for advise.
If you don't have a written lease things may not work well for you but if if you do than you're in good shape.
Regards
0 votes
Msdps37, Home Buyer, Brooklyn, NY
Wed Mar 27, 2013
***sorry, charge is for 1/2 month rent. The town is in NJ not NY
0 votes
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