Posted by BTI on April 29, 2007 at 11:34:23:
Scott
Don’t know NY law, but it sounds like your landlord thinks he found a loophole. I doubt he is exempt from the NY landlord/tenant laws.
And if he is renting a bed and claims exemption from month to month or leasing, then he is surely non-exempt from the laws that cover hotels, motels, etc. and would need a business license and fulfill the other requirements of that type of operation.
Plus there is no such thing in anystate that I know of where you can get a deposit, not deliver, and keep the money. As a landlord I would never expect to win that case in small claims court.
I assume the property is located in an area covered by rent control, why don’t you start your research with them. Plus I’m sure NY State’s landlord/tenant laws are online, check them out.
BTI