Legal Question in Landlord & Tenant Law in New York

Lease Termination?

I have had to recently move out of my apartment due to excess noise from tenents in violation of their leases, but the landlord refused to take action against them and moved myself instead. The new apartment is in a state of disrepair: the shower doesnt work, the oven doesnt work, my apartment is infested with carpenter ants (which is not a result of unclean conditions but rotting wood), centipedes and other insects found in old houses. The landlord now refuses to replace the oven and states that there is nothing wrong with the fact that the ''calibration may be off by 100 degrees'', has promised to repair the shower but has not done in two months, and now it has been an entire week since I notified them of the insect infestation but nothing has been done after promising me an exterminator. (Initially they made me wait three days before even calling the exterminator and instructed me to spread bay leaves throughout my home.)

With their non-compliance of maintenence upkeep, is this a valid reason to terminate the lease agreement? I can handle not being able to cook for the next 9 months, I can even survive scalding or freezing myself daily in the shower, but I cannot live with having to kill several dozen bugs daily.


Asked on 4/20/06, 8:58 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Lease Termination?

Insect infestation is considered an inhabitable situation. Also, not having a stove and the scalding/freezing situation. You should move out and if the landlord sues you, you claim "constructive eviction" and violation of the "warrant of habitability". You also may be able to sue landlord for breach of warrant of habitability clause inferred in every lease and receive partial rebate on paid rent and moving expenses.

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Answered on 4/20/06, 8:27 pm


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