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Recent Certificate of Occupancy questions

Can landlord be sued by tenant on lease of converted garage?

Can a tenant sue the landlord to recover all the rents paid for living in a converted garage in California? The landlord gave 30 days notice to the tenant on the lease. However, the tenant's ex bf was not on the lease and overstayed and didn't pay 1 month's rent. Does the landlord have any relief to sue the unnamed tenant? Can the landlord evict the unnamed occupant to gain possession so that he/she can convert it back to a garage? What legal liabilities will the landlord be opened to?The lease was entered and signed by a relative of the landlord who absconded with the money. The unnamed occupant threatened to sue because they may not have received a receipt for the money given to the landlord's relative. Unnamed occupant falsely called utilities to report gas leak when there wasn't one and threatened to contact the city about the property.

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Maverick

Doctoral Degree

6,340 satisfied customers
I recently moved into a house in Staten island. My lease

Hi, I recently moved into a house in Staten island. My lease says I shall have possession of the building, Certificate of occupancy states it's a single family dwelling. Now there is 2 other families plus mine which makes it a multiple dwelling, plus there is only 1 electric meter and 1 gas meter, which are now under my name, and I will have to pay for the other 2 families utilities, what canot I do?Thank you.

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Loren

Juris Doctor

36,258 satisfied customers
We have lived on the parlor floor of a brownstone in NYC for

We have lived on the parlor floor of a brownstone in NYC for nearly 3 years — known as Apartment G. This week, we received a notice of non-renewal of lease. This comes after filing 311 complaints early this spring over work without permit and discovering our apartment is not included in the certificate of occupancy. The CofO states 3 units while there are 4. It seems our parlor area is technically 1/2 of Apt 1 according to the city. The landlord keeps his office in Apt. 1 and our utilities are included in rent. Immediately following inspections with the Department of Buildings and subsequent work, LL had his mailbox removed. Now three mailboxes exist for apartments G, 2 and 3, though LL's mail still arrives here for him. We reviewed our lease and broker paperwork and discovered our space is sometimes referred as Apt 1 and sometimes as Apt G.LL has a double deposit totaling $4200 and has mentioned he will follow standard procedures - return it within 30 days after deducting for repairs and unpaid rent. When we moved in, the apartment was not cleaned, nothing repainted and there was no walkthrough. We are interested in using our deposit for August and September rent as we do not trust LL to return our money. (Our upstairs neighbor did not have any heat for two winters in a row and filed a 311 complaint, thus the emergency and non-permitted boiler work. She eventually left due to his negligence and failed responsibility as a LL. He didn't return her deposit, threatened her with lawsuits and harassed her via email. This example is expressed to show you his character, behavior and history.)Our wedding is September 18 so a move out date of September 30 is more than inconvenient. However, we do not feel comfortable staying in an illegal apartment and supporting this LL. That said, we do not find it fair to incur the expenses that come with relocating like a broker fee. We also feel LL has no right to our deposit for any reason.What are our options?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
Building occupancy not correct leased, need to change to

Building occupancy not correct for business leased, need to change to receive certificate of occupancy. Business in building 10 years sold to new owner and discovered not correct. is the Business owner or building owner responsible for obtaining correct c of o. We have aTriple net lease

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

14,904 satisfied customers
I mailed my 30 days notice to my landlords and asked them

I mailed my 30 days notice to my landlords and asked them for an inspection day/time. After I did not hear back from them, I emailed them my 30 days notice again and asked them when is a good time to do the inspection. They said they never received my 30 days notice and they don't want to do inspection. I should just leave the key on the kitchen counter and leave. So, I cleaned the apartment, left the key on the kitchen counter and left. I sent them an email and provided my address for them to send me my security deposit. They did not send me my security deposit as required with 21 days and when they send me a check it was only for the cleaning deposit and they kept my last month rent check. They sent me a letter explaining why they did not refund my full deposit, which was dated May 10, a check which was dated May 13 for the cleaning deposit and few days rent, saying that they rented the apartment on May 21st and they are giving me back 9 days rent back. I did give my 30 days notice because they knowingly rented an illegal apartment to me above their garage next to a drug house. I did not know this until I moved there and heard loud offensive rap music coming from the drug house. I stated in my 30 days notice those reasons. In my view they are retaliating and refusing the give me my full deposit. What can I do legally to get the rest of my security deposit?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
I recently moved to Brooklyn, NY. In with 3 roommates who I

I recently moved to Brooklyn, NY. In with 3 roommates who I was to move to the basement. I am from out of town so wasn't able to be around until move in day when I learned that the renovations they were supposed to complete were not even almost finished, and they took up some of the space I was to have in the basement and so I'm cramped. They also make me pay more because I have the bigger bedroom, but they essentially take up 2 bedrooms with using the other space in the basement as their personal storage that they don't want to share! On top of this, I think their renovations and the state of the basement is illegal. I want to move out but they refuse to refund my security deposit, saying that I can only get it back by applying it to the rent, which means staying two more months! But I am allowed to move by giving one month notice, but if I also need to stay two months in order to receive my security deposit, isn't that contradictory? Do I have a case to receive my money back being that I wasn't given that the place wasn't finished upon arrival and I gave 30 days notice? And should this in fact be an illegal situation, can something be done? I spent a huge amount of money to move here, and now with all the lies told and their taking advantage of my being from out of town, I will need to go through the trouble of moving again. It is hugely hindering my ability to find a job in NY because I'm dealing with this horrible living situation.

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Andrea, Esq.

Attorney

Post-Doctoral Degree

13,982 satisfied customers
We are currently in the process of buying from a builder. We

We are currently in the process of buying from a builder. We have had several delays and closings, but the latest delay is due to finding out from the bank that we are in a flood zone and must now purchase flood insurance. The builder provided a form that stated the property was not in a flood zone, but the bank won't accept it because it is not FEMA certified. Was builder obligated to disclose this flood zone issue to us last March when we first signed papers to build our home?JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: Sorry I didn't sign my name. I am ReneeJA: Is there anything else important you think the Real Estate Lawyer should know?Customer: When told that we needed flood insurance, we contacted a insurance rep who said they could not even give us a quote until we had an elevation certificate. We hired a surveyor for $700 to provide it. The insurance agent has not completed the quote. In the meantime, we are considering switching to a mortgage broker who has checked and said we are not in a flood zone.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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3,812 satisfied customers
My lease is expiring end of this month. I have paid the current

My lease is expiring end of this month. I have paid the current month rent. I moved out of the house last week. My landlord has arranged an inspection for today in order to get the certificate of occupancy, as he has found someone to rent the house. Is it legal to issue the certificate while my lease is still valid? thanks

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Loren

Juris Doctor

36,258 satisfied customers
What are the requirements single family property to be

What are the requirements for a single family property to be converted to two units upstairs and downstairs. The property is located in Prince George's County MD, it's two levels and upstairs has an entrance at ground level and the basement has an entrance at ground level on the other end of the house. Upstairs and downstairs could be rented as two individual units since the basement is the same size of upstairs and has a kitchen and bath.

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3,812 satisfied customers
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