Legal Question in Landlord & Tenant Law in New York
Breaking a lease
Our lease began February,2006. Since that date we have had many problems from heating, door locks, to most recently an infestation of mice. The problems have been fixed except for the mice. The LL never responds to our complaints in a timely matter..usually a month before any action takes place. We have a newborn child and simple cannot tolerate the conditions here any more. After ignoring our mouse problem for a month, the attempts they recently made failed and we still have mice. We paid half rent for July to compensate for the unsatisfactory conditions and we have done this two months previously as well. We appreciate the reduced rent for compensation but we can't live in these unsatisfactory conditions with our child and simply wish to leave. Do we have a leg to stand on? I can't believe a rent of $2100/month is deserving of such conditions.
3 Answers from Attorneys
Re: Breaking a lease
Your landlord has breached the Warrant of Habitability clause in your lease..
Make sure you have pictures and proof and move out of there. Best if you can get landlord to cancel your lease IN WRITING.
Re: Breaking a lease
Yes you have a leg to stand on, the legal concept is call constructive eviction. But it would be easier if your landlord consented to the lease's termination prior to leaving.
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Re: Breaking a lease
You may have an action in constructive eviction and or a breach of the warranty of habitability that a landlord owes a tenant. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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