Wednesday, July 13, 2011

How can I be credited by my landlord for money I spent trying to obtain a certificate of occupancy?

i'm renting out the first floor of a building as a restaurant in NYC, the building's C of O is not for a restaurant when it was converted 5 yrs ago by previous tenant. I'm aware of the fact that there is no CO and signed a lease that I would have to obtain the C of O no matter the cost. It's been more than a year and a lot of concerns from the NYC building dept has extended the expected time of completion, but it's almost there and I do expect to complete. Money was spent for renovations and architect fees to ensure the approval from the DOB, inspections have been passed but there are more to go. I was too naive to think that it was alright to rent a place with no C of O. If proper authorities find out that the restaurant does not have a CO, that it is being worked on, but the DOB evicts me anyway, will I be able to sue my landlord for expenses paid for renovations and professional fees invested into the building? How are my chances at actually winning the case?

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