Legal Question in Landlord & Tenant Law in New York

access to property

My family & I moved into a new

construction rental house

NY 30 days ago and we are paying

$3,800 per month. Our agreement with

the landlord was that we would allow

prospective buyers to view the house

with their broker (there has only been

one so far which is fine).

However, since we moved in 30 days

ago, we have had 15 tragesmen &

inspectors need access to the property

in order to finish off work which should

have been completed before we moved

in. In fact, two Town Inspectors

required access in order to complete

building compliance certificates for the

house. So we had unknowingly moved

into a house which had not yet met

Town Planning approval.

I discussed with the landlord my

frustration at the number of tradesmen

needing access to the property and

requested compensation in the form of

a reduction of this months rent. He

declined and said that if I was unhappy I

could move out. He also said that the

house did not need all of its compliance

certificates completed before being

leased.

Can you please advise if this is correct

and if we are entitled to compensation?

Thank you.


Asked on 11/29/06, 11:00 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: access to property

The apartment would need a certificate of occuapncy before being leased, they usually are not issued until all inspections pass. He is under no obligation to give you a reduction in rent, but you are probably not obligated to stay.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 11/29/06, 12:46 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New York