Legal Question in Landlord & Tenant Law in New York
Im leasing a home that is falling apart due to water damage that my landlord does nothing about his answer to the ceiling leaking was to cut a hole in it and just leave it still leaking with a hole. So now i have a ceiling which is leaking everywhere and a whole in my livingroom which goes directly outside that freezes my house too. This house is unliveable for anyone especailly my two year old daughter there mold all over in the walls that i didnt see till he cut the hole. I was wondering if it was in anyway legal for me to break my lease so i and my family can get out of this house.
1 Answer from Attorneys
You must first give the landlord notice under the terms of the lease. Therefore, if the lease calls for written notice by certified mail, you must give the landlord notice in wiriting by certified mail.
You must give the landlord a reasonable time to remedy the problem. What is reasonable? I would call a roofer and ask how long it would take to fix the hole and I would call a mold specialist to ask how long it would take to remove the mold. That should give you an idea of what would constitute reasonable time.
If the landlord ignores your notice, he is in breach of the warranty of habitability and you would have the right to deem the landlord's actions as "constructive eviction", break the lease and leave.
You also have the right to immediately contact the local government and report the landlord for housing violations.
Mike.
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