Legal Question in Landlord & Tenant Law in New York
Breaking a Lease
I have a 2 year lease as a tenant. 6 months into the lease,
the building had a fire in the floor below mine. Since the
fire, work has been progressing slowing over 6 months to
repair damage to the halls. The Paint, repairs or smoke
damage has created breathing difficulties and a doctor even
remarked on my lost lung capacity and has recommended I move
from the building as I am no using a nebulizer 2-3 times a
day and still feel ill. Landlord(management co) tells me that I can not break the lease unless they find new tenants.
The condition of the building now along with their rent increase and the volume of apartments available have kept
this apartment from renting. Is this my responsibility or
is my health enough reason to break the lease with no penalty to me. Doctor would write a report verifying this.
4 Answers from Attorneys
Re: Breaking a Lease
you should check your lease most have a fire clause.
call me at 516 466 5297
Re: Breaking a Lease
To correct Mr. Loeb's typo, it is "constructive" eviction and I agree w/ his answer.
Re: Breaking a Lease
In addittion you may have a claim for breach of warrant of habitability. Every lease has an implied warranty of habitability under Real Property Law �235-b, which addresses "conditions that materially affect the health and safety of tenants or deficiencies that in the eyes of a reasonable person deprive the tenant of those essential functions which a residence is expected to provide." GOOD LUCK!
Re: Breaking a Lease
It seems to me that you have ample grounds for construction eviction which would allow you to break the lease without further penalty or obligation, although this does not mean that your landlord would not have the right to sue you and try to make a claim that you broke the lease without justification. It's a claim I believe you could ultimately prevail on based upon what you write. Further, you may have grounds for a personal injury claim.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
