Legal Question in Landlord & Tenant Law in New York
landlord/tenant
I am a tenant living in an old building with my four children.My children are very young,my youngest is 6months old.My landlord recently started reconstructing my doors,floors and walls.He told me that the job would be taken care of quickly,however it's been two months still my home is the same.My maine concern is my childrens health.I think that they may be touching inside these holes etc... I also have my electrical socket hanging out of the wall,please tell me what can I do.
2 Answers from Attorneys
Re: landlord/tenant
First, you must place your landlord on notice of the dangerous conditions. You should do this in writing. There is probably a notice provision in your lease (certified mail?). Make sure you follow the formal notice provision.
If you believe the dangerous condition may be detrimental to the children, you would have a duty to vacate the property until the dangerous condition is remedied by the landlord. I believe the dangerous condition would be a breach of the landlord's warranty of habitability, thereby vacating your duty to pay rent - until the problem is resolved.
Mike.
Re: landlord/tenant
You don't state where you live but call the local department of buildings in your county and complain that the landlord has caused potentially life threatening conditions including open electrical outlets (which constitute a "C" class violation in NYC). His construction could also constitute hazardous environs, and probably are not in compliance with his building permit. Seek and immediate "Stop Work" order.
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