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Posted by Hawk on June 09, 1999 at 15:19:58:

In Reply to: Eviction in Supreme Court posted by Pat on June 09, 1999 at 13:45:08:

yes you can be evicted in supreme court even if your apartment is illegal. it is known as an action at ejectment. otherwise, a landlord could never stop an illegal tenancy and a tenant in such an illegal situation could forever live rent free. On the other hand, the landlord is not entitled to collect any UNPAID rent if the apartment is "illegal" (not on c of o.) you cannot sue to recover any rent that has already been paid for the iilegal apartment. check the multiple dwelling law for the authority that you do not have to pay rent on an "illegal" apartment. good luck!

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Comments:
: yes you can be evicted in supreme court even if your apartment is illegal. it is known as an action at ejectment. otherwise, a landlord could never stop an illegal tenancy and a tenant in such an illegal situation could forever live rent free. On the other hand, the landlord is not entitled to collect any UNPAID rent if the apartment is "illegal" (not on c of o.) you cannot sue to recover any rent that has already been paid for the iilegal apartment. check the multiple dwelling law for the authority that you do not have to pay rent on an "illegal" apartment. good luck!


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