nelmore187
New Member
I rented a space believing it was commercial for a resturant . Everything was well until I tried to get gas put on, there were no meter. Not a problem con edison said we had to get an architect and plumber draw the plans submit to the building dept, so we did that. This is where the whole zoning issue was raised (because we need commercial gas line),and we subsiqiently find out the whole building (including my space) is zoned residential. Now the termanology on the lease states that I can only use the space as a coffee shop/ resturant. Which I cannot because it was converted to an illegal commercial space. Now I stopped paying rent and asked the landlord to make me whole again. He advised me to just walk away,(which is out of the question). Two months go by now he has a non payment action, which I missed the date. And recieved a judgement against me I went the next day filed an oder to show cause, got a date explained everything that I'm writing here to the judge and also put it on record when I filed the order,along with official paper work supporting the zoning findings from the architect. Can I be recup any moneies spent in this illegal rental, and what other course of action can I take against the landlord. He has three other stores that I was thinking of calling the building dept. because those all are illegal.