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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2347
Experience:  Helping you with your legal questions.
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We had rented a space in building lobby in 2007. We needed

Customer Question

We had rented a space in building lobby in 2007. We needed to get permit from DOB in 2013. And we couldn't because there was no certificate of occupancy including our business. It means we never existed???? We have been paying a rent a month for 8 years since we had open. What can we do to fix it? How can we approach to landlord? They had known so already and nothing is happening...
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 2 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. We may discuss the issues too. Let me know that sounds good.

Expert:  Damien Bosco replied 2 months ago.

Hello. I have not heard back from you. Are you still looking for help on your question? If so, please let me know. Thank you.

Customer: replied 2 months ago.
This is 2nd time I'm responding and I need your help. But, again, I will write to you late afternoon today, sounds good?
Expert:  Damien Bosco replied 2 months ago.

Yes. Let me review your question again...brb...

Expert:  Damien Bosco replied 2 months ago.

Are you saying there is no certificate of occupancy for use of the space by a tenant (which is you)? Has the LL applied for one?

Customer: replied 2 months ago.
brb... what is this? (laugh)
Expert:  Damien Bosco replied 2 months ago.

brb = be right back

Customer: replied 2 months ago.
What is LL?
Expert:  Damien Bosco replied 2 months ago.

LL = Landlord

Customer: replied 2 months ago.
It looks like no. Because we applied for loan to put exhaust system (LL asked us to do & saying so on the lease) in 2013 and we never got permit to do it. We still have that loan money. So they have something regarding to C.O.
Expert:  Damien Bosco replied 2 months ago.

Hmmm....Have you discussed it with the landlord? What does the landlord say about it?

Customer: replied 2 months ago.
Write to you as I can. Answer me as you can
Expert:  Damien Bosco replied 2 months ago.

Sure.

Customer: replied 2 months ago.
They said something about sprinkler system & C.O. Then I have to wait until one day when inspection comes in, we have to disappear only one day...something like that in 2014 they told me.
Expert:  Damien Bosco replied 2 months ago.

It is a difficult situation when a tenant is given an illegal space to rent and is aware of it. I recommend that you have a in-person consultation with an attorney allowing for attorney client privilege. I do not believe there is more we can do from this site. Best regards.

Customer: replied 2 months ago.
That indicates that we should do something ASAP... that I am incriminating myself as well? And I will find out if it's genuinely illegal space or not, correct?
And I can investigate as much as I can to clarify the situation, correct?
Customer: replied 2 months ago.
Because back in 2008, we had no problem with DOB when we sign the first lease. We got permit under our business name, we did plumbing work done and interior fixture done. So we are not in illegal space.
Customer: replied 2 months ago.
When usually generally LL should get C.O. done? Every time there would be some change in the building?
Expert:  Damien Bosco replied 2 months ago.

The CO should be done before occupancy. And Yes. you should investigate as much to clarify the situation. We can discuss more if you want although I still recommend seeking legal counsel.

Customer: replied 2 months ago.
Who need to apply or change or get C.O.? Isn't it always always the LL?
Expert:  Damien Bosco replied 2 months ago.

Yes. The landlord.

Customer: replied 2 months ago.
if our business stop operating because of building's illegality for example, 1) It makes it easier for LL to fix a CO? 2) It will be an urgent situation for LL, because our business loses income until they legally fit it? 3) or simply LL do not need to care and we lose a case(or lease)? If we "pause" our business, which reason to do so is more reasonable and fair, A) We can not wait any more to get our work done by DOB.Please fix it and install exhaust system on your(LL) expenses. You(LL) simply didn't complete your promise in specific time frame on our signed lease. or B) We just need our rent of all years back before it goes to public. I will rate you definitely I am experiencing good so far and thank you. ***** will go finding legal counsel on my own. I need your answer, justanswer.
Customer: replied 2 months ago.
I don't seek definite answer with you as you know, just in your experience, how many percentage each one will be an action in this case or none of them? Please.
Expert:  Damien Bosco replied 2 months ago.

I will offer you a premium service to speak on the phone. You can accept it and we can set a time to speak.

Customer: replied 2 months ago.
I'm available on Saturday or Sunday only to do it or weekdays before 3am. Are you available on weekend?
Customer: replied 2 months ago.
LL can buy our business to use it to educate young people. Since LL knows what they should do with DOB, they can spend time as much as they need and nobody will have problem. Can this be one of answers?
Customer: replied 2 months ago.
Can I just ask DOB a copy of my building's CO me personally or I need expediter to do so?
Customer: replied 2 months ago.
Is there any penalty not having a CO? In this case, I'm in a part of building's lobby so...penalty belong to LL or...?
But then how DOB DON'T KNOW THOSE THINGS!!! or they know and...?
Customer: replied 2 months ago.
I'm ready to take your offer if we can do so on weekend's hour.
Customer: replied 2 months ago.
If there will be a penalty for us too, yes, I'm willing to be a position who owes money to the GOV. In that way, we can clearly clarify why I have to pay and naturally we have to close business and LL can see finally profoundly what caused all of that and definitely LL has to involve to fix it right. Can this be one of the answers?
Customer: replied 2 months ago.
LL can not get CO because building has violation(s)? Could be the one of the answers?
Expert:  Damien Bosco replied 2 months ago.

Hello again: I have sent you the offer. We can speak this weekend.

Customer: replied 2 months ago.
I accepted your offer and what next? I'm trying to pay.
Customer: replied 2 months ago.
Or did I pay already?
Expert:  Damien Bosco replied 2 months ago.

Apparently, there was a payment failure. Sometimes this happens when the credit card information is not read properly. I believe you need to contact customer service to resolve the issue.

Just Answer Customer Service:

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http://ww2.justanswer.com/help

Expert:  Damien Bosco replied 2 months ago.

Hello: I am not sure if you resolved the issue with your payment for a live phone call. If you did and still want to speak on the phone, please accept the officer to speak on the phone, or request a phone call again.

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