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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19624
Experience:  B.A.; M.B.A.; J.D.
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If my landlord does not have certificate of occupancy can I

Customer Question

hi if my landlord does not have certificate of occupancy can I get evicted
JA: Does this involve a written or oral agreement? And is this a month-to-month lease or fixed term?
Customer: written agreement
JA: Because laws vary based on location, what state are you in?
Customer: newyork
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it ok
Submitted: 11 months ago.
Category: Legal
Expert:  Phillips Esq. replied 11 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

Yes, you can be evicted. However, if you refuse to move out, the Landlord must file eviction action in Court against you in order to remove you from the premises. There is no self-remedy to eviction actions in New York. This means that the Landlord cannot lock you out or shut off your utilities in order to force you out. The Landlord must use the Court system to accomplish the eviction.

If your Landlord does not have Certificate of Occupancy, your Landlord is renting to you illegally and thus the Landlord is not entitled to rent. The Landlord can also ask you to move out so that he/she can bring the premises into compliance.